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SIMMONS FORD, INC. v. CONSUMERS UNION OF U. S.

No. K76-454 CA4.

490 F.Supp. 106 (1980)

SIMMONS FORD, INC. and Sebring-Vanguard, Inc., Plaintiffs, v. CONSUMERS UNION OF the UNITED STATES, INC., Defendant.

United States District Court, W. D. Michigan, S. D.

March 17, 1980.

Attorney(s) appearing for the Case

Michael C. Gergely, Gergely, Foley & Scott, Vicksburg, Mich., for plaintiffs.

Michael N. Pollet (argued), Karpatkin, Pollet & Lemoult, New York City, F. William McKee, Rhodes, McKee & Boer, Grand Rapids, Mich., for defendant.

OPINION AND ORDER

BENJAMIN F. GIBSON, District Judge.

This case is a diversity action, sounding in tort, for damages consequent to an adverse product test evaluation in Consumer Reports. The plaintiffs brought suit almost a year after the article in question appeared in the October 1975 issue of the magazine. Pursuant to stipulation, the defendant has delayed making answer until the pending motions are decided.

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