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CASSIUS v. MORTIMER

161 F.Supp. 74 (1957)

Anthony B. CASSIUS, Plaintiff, v. Lee MORTIMER, Glenn Neville, as Ancillary Executor of the Estate of Jack Lait, deceased, Crown Publishers, Inc. and American Book-Stratford Press, Inc., Defendants.

United States District Court S. D. New York.

September 5, 1957.

Attorney(s) appearing for the Case

Squadron & Alter, New York City, for plaintiff.

Michael J. Kenny, New York City, for defendant Lee Mortimer.

Schmidt, Egan, Smith & Murray, New York City, for Estate of Jack Lait.

Townley, Updike, Carter & Rodgers, New York City, for Crown Publishers, Inc.

Weisman, Celler, Allan, Spett & Sheinberg, New York City, for American Book-Stratford Press, Inc.

CASHIN, District Judge.

This is an action for libel allegedly published in a book called "U.S.A. Confidential". Defendants are one of the authors, the ancillary executor of the estate of the other author, the publisher and the printer.

Defendants separately move for summary judgment pursuant to Rule 56(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., on the grounds of Statute of Limitations, res judicata...

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