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AUVIL v. CBS 60 MINUTES

No. CS-90-553-RJM.

800 F.Supp. 928 (1992)

Grady AUVIL et ux; et al., Plaintiffs, v. CBS "60 MINUTES"; et al., Defendants.

United States District Court, E.D. Washington.

June 5, 1992.

Attorney(s) appearing for the Case

Scott A. Jonsson and G. Kevin Kiely, Schwabe, Williamson & Wyatt, Portland, Or., J. Jarrette Sandlin and David H. Putney, Yakima, Wash., for plaintiffs.

Douglas P. Jacobs, Susanna M. Lowy and Anthony M. Bongiorno, CBS Inc., New York City, and Bruce E.H. Johnson, P. Cameron DeVore, and Christopher Pesce, Davis Wright Tremaine, Seattle, Wash., for defendants CBS Inc., Retlaw Enterprises, Inc., d/b/a KIMA Television, Bonneville Intern. Corp., d/b/a KIRO Television, and King Broadcasting Co., d/b/a KREM Television.

Fred H. Altshuler, Stephen P. Berzon and Jeffrey P. Demain, Altshuler, Berzon, Nussbaum, Berzon & Rubin, San Francisco, Cal., Peter D. Byrnes and Bradley S. Keller, Byrnes & Keller, Seattle, Wash., and Ted A. Roy, Roy & Pell, Yakima, Wash., for defendant Natural Resources Defense Council, Inc.

George A. Lehner and Kim Heebner Price, Pepper, Hamilton & Scheetz, Washington, D.C., and Eugene I. Annis, Lukins & Annis, P.S., Spokane, Wash., for defendant Fenton Communications, Inc.

ORDER

WM. FREMMING NIELSEN, District Judge.

Currently pending is plaintiffs' motion to remand and defense motions to dismiss or in the alternative for summary judgment.

I. Transactional Events

On February 26, 1989 the CBS television program "60 Minutes" aired a segment highly critical of daminozide, more commonly known by its tradename as Alar. Alar was commonly used in the apple industry as a growth regulator. By maintaining the fruit...

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