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ARIZONA BIOCHEMICAL COMPANY v. HEARST CORPORATION

Nos. 68 Civ. 4549, 68 Civ. 4522.

302 F.Supp. 412 (1969)

ARIZONA BIOCHEMICAL COMPANY, Plaintiff, v. The HEARST CORPORATION, Defendant. ARIZONA BIOCHEMICAL COMPANY, Plaintiff, v. METROMEDIA, INC., Defendant.

United States District Court S. D. New York.

July 23, 1969.

Attorney(s) appearing for the Case

Sacks & Rubin, New York City, for plaintiff.

Coudert Bros., New York City, by Carleton G. Eldridge, Jr., New York City, of counsel, for defendants.

OPINION

EDELSTEIN, District Judge.

The defendants in these separate actions for libel have both moved under Rule 12(b) (6) F.R.Civ.P. to dismiss the complaints filed against them on the grounds that the plaintiff has failed to allege sufficiently both actual malice and damages as required by New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964). As a predicate to this argument, defendants maintain...

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