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PENTHOUSE INTERNAT'L, LTD. v. PLAYBOY ENT., INC.

No. 74 Civ. 2263.

392 F.Supp. 257 (1974)

PENTHOUSE INTERNATIONAL, LTD., Plaintiff, v. PLAYBOY ENTERPRISES, INC., and Playboy Publications, Inc., Defendants, Robert C. Guccione, Add'l Defendant on Counterclaim.

United States District Court, S. D. New York.

September 11, 1974.

Attorney(s) appearing for the Case

Finley, Kumble, Heine, Underberg & Grutman, New York City, for plaintiff, by Norman Roy Grutman, Alan M. Gelb, Jewel H. Bjork, James E. Merriman, New York City, of counsel.

Wachtell, Lipton, Rosen & Katz, New York City, Devoe, Shadur & Krupp, Chicago, Ill., for defendants, by Herbert M. Wachtell, New York City, David J. Krupp, Chicago, Ill., of counsel.

OPINION AND ORDER

KEVIN THOMAS DUFFY, District Judge.

Plaintiff Penthouse International, Ltd., the publisher of Penthouse magazine, has instituted suit against Playboy Enterprises, Inc. and Playboy Publications, Inc., the publisher of Playboy magazine. The gravamen of the plaintiff's complaint is the charge that the defendants have engaged in, and continue to engage in, the spreading of false and misleading information regarding Penthouse...

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