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RELIANCE INSURANCE CO. v. BARRON'S

No. 76 Civ. 4094.

442 F.Supp. 1341 (1977)

RELIANCE INSURANCE COMPANY, Plaintiff, v. BARRON'S, sued in the name of Dow Jones & Company, Inc., Dow Jones & Company, Inc., and Abraham J. Briloff, Defendants.

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

On Reargument November 18, 1977.

Attorney(s) appearing for the Case

Willkie, Farr & Gallagher by Michael Targoff, Robert E. Bartkus, New York City, for plaintiff.

Patterson Belknap, Webb & Tyler by D. Robert Owen, Gene Bauer, Robert D. Sack, New York City, for defendants Barron's and Dow Jones.

Phillips, Nizer, Benjamin, Krim & Ballon, by Paul Martinson, A. Brian Savin, New York City, for defendant Briloff.

MEMORANDUM AND ORDER

BRIEANT, District Judge.

After exhaustive pre-trial discovery, upon a mound of papers submitted by both sides exceeding in volume those usually resulting from a plenary trial, defendants have now moved for summary judgment pursuant to Rule 56, F.R.Civ.P. If it appears clear that an essential element of plaintiff's claim cannot be proved at trial, for want of evidence, it is appropriate to grant the motion. Summary judgment is a remedy...

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