DEMUTH DEVELOPMENT CORP. v. MERCK & CO., INC.

No. 75 C 941.

432 F.Supp. 990 (1977)

DEMUTH DEVELOPMENT CORP., Plaintiff, v. MERCK & CO., INC., Defendant.

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

June 6, 1977.


Attorney(s) appearing for the Case

John B. Amrod, Garden City, N. Y., for plaintiff.

Hughes Hubbard & Reed, New York City, for defendant by Robert J. Sisk, Pamela Chipega.


NEAHER, District Judge.

This action asserts the novel claim that the publisher of an encyclopedia of chemicals and drugs is liable in damages for allegedly misrepresenting the toxicity of a chemical utilized in plaintiff's product, thereby causing a loss of plaintiff's customers and business. On defendant's prior motion to dismiss the complaint, the court ruled that plaintiff had not stated a claim for relief on grounds of product defamation, since neither plaintiff...

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