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  5. 13 N.Y.2d 175 (1963)
 

NOVEMBER v. TIME INC.

13 N.Y.2d 175 (1963)

Julius November, Appellant, v. Time Inc. et al., Respondents.

Court of Appeals of the State of New York.

Decided October 31, 1963.

Attorney(s) appearing for the Case

Roy M. Cohn, Edward D. Burns and John F. Lang for appellant.

Harold R. Medina, Jr., Alan J. Hruska and Harold F. McGuire, Jr., for respondents.

Judges FULD, VAN VOORHIS and BURKE concur with Chief Judge DESMOND; Judge FOSTER dissents in an opinion in which Judges DYE and SCILEPPI concur.

CHIEF JUDGE DESMOND.

The suit is for libel and the question is as to the legal sufficiency of the complaint which has been dismissed by the Appellate Division.

Plaintiff is a lawyer practicing in this State. Defendant Time Inc. publishes a magazine widely circulated in this State and elsewhere and known as "Sports Illustrated". The magazine's February 20, 1961...

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