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BILLINGSLEY v. TRIANGLE PUBLICATIONS, INC.

194 F.Supp. 330 (1961)

Sherman BILLINGSLEY and Stork Restaurant, Inc., Plaintiffs, v. TRIANGLE PUBLICATIONS, INC., and Burt Boyar, Defendants.

United States District Court S. D. New York.

May 22, 1961.

Attorney(s) appearing for the Case

Saxe, Bacon & O'Shea, New York City, for plaintiffs; Joel S. Stern, New York City, and Stephen Hochhauser, New York City, of counsel.

William B. Jaffe, New York City, for defendants; Dilworth, Paxson, Kalish, Kohn & Dilks, Harold E. Kohn, Louis G. Hill, Philadelphia, Pa., of counsel.

METZNER, District Judge.

This is a libel action based on an article entitled "Stork Club Then and Now", written by the defendant Burt Boyar and published by defendant Triangle Publications, Inc. in its newspaper, "The Philadelphia Inquirer." Defendant Boyar has moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U. S.C.A., for a dismissal of the action as against him on the ground that such action is barred by the statute of...

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