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McKAY v. COLUMBIA BROADCASTING SYSTEM, INC.

No. 140, Docket 28219.

324 F.2d 762 (1963)

Louis McKAY, individually and as Administrator of the Estate of Eleanora McKay, also known as Billie Holiday, and as Eleanora Fagan, Deceased, Louis McKay, doing business as Billie Holiday Studios a.n., Louis McKay, doing business as Lady Day Record Company, Louis McKay, doing business as Sa-Day Music Company and Billie Holiday Associates, Inc., Appellants, v. COLUMBIA BROADCASTING SYSTEM, INC., James E. Allen, as Commissioner, New York State Department of Education, Clair Roskam, John Butler, Carmen DeLavallade and William Dufty, Appellees.

United States Court of Appeals Second Circuit.

Decided December 2, 1963.

Attorney(s) appearing for the Case

Florynce R. Kennedy, New York City, for appellants.

Gilbert S. Edelson, New York City (Seymour D. Lewis, Philip E. Silberberg, and Rosenman, Colin, Kaye, Petschek & Freund, New York City, on the brief), for appellees C.B.S., Roskam and DeLavallade.

Philip Kahaner, Asst. Atty. Gen. of New York (Louis J. Lefkowitz, Atty. Gen., on the brief), for appellee Allen.

Before WATERMAN, MOORE and SMITH, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge.

This is an appeal from an order of the United States District Court for the Southern District of New York, Richard H. Levet, District Judge, dismissing plaintiffs' amended complaint. The amended complaint, which bears more than a passing resemblance to a filibuster, purports to state three causes of action, all arising from a single Columbia Broadcasting System (CBS) telecast on September 9...

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