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HERBERT v. LANDO

No. 74 Civ. 434-CSH.

596 F.Supp. 1178 (1984)

Anthony HERBERT, Plaintiff, v. Barry LANDO, Mike Wallace, Columbia Broadcasting System, Inc., Atlantic Monthly Company, Defendants.

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

As Amended October 18, 1984.

Attorney(s) appearing for the Case

Cohn, Glickstein, Lurie, Ostrin, Lubell & Lubell, New York City, for plaintiff; Jonathan W. Lubell, Mary K. O'Melveny, New York City, of counsel.

Coudert Brothers, New York City, for defendants CBS, Inc. and Mike Wallace; Carleton G. Eldridge, Jr., Pamela G. Ostrager, New York City, of counsel.

Green & Hillman, New York City, for defendant Barry Lando; Richard G. Green, Adria S. Hillman, Nancy S. Hobbs, New York City, of counsel.

Ronald E. Guttman, Associate Gen. Counsel, CBS, Inc., New York City, for CBS, Inc.

Rembar & Curtis, New York City, for defendant The Atlantic Monthly Co.; Charles Rembar, Frank R. Curtis, Mark W. Budwig, New York City, of counsel.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

This is an action for defamation. Jurisdiction in this Court is based upon diversity of citizenship. Following extensive discovery, all defendants now move for summary judgment under Rule 56, F.R.Civ.P.

I.

Introduction

The Parties

Plaintiff Anthony Herbert is a retired Army officer who had extended wartime service in Vietnam and who received widespread...

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