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BEST VAN LINES, INC. v. WALKER

Docket No. 04-3924-cv.

490 F.3d 239 (2007)

BEST VAN LINES, INC., Plaintiff-Appellant, v. Tim WALKER, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 26, 2007.

Attorney(s) appearing for the Case

Tim Walker, Waverly, IA, Defendant-Appellee, pro se.

Thomas Freedman (Terrence A. Oved, Darren Oved, Eric S. Crusius, on the brief), Oved & Oved, New York, NY, for Plaintiff-Appellant.

Slade R. Metcalf (Katherine M. Bolger, on the brief), Hogan & Hartson, LLP, New York, NY, amicus curiae in support of Defendant-Appellee.1

Before: KEARSE, McLAUGHLIN, and SACK, Circuit Judges.

SACK, Circuit Judge.

The defendant, Tim Walker, a resident of Waverly, Iowa, is the proprietor of a not-for-profit internet website that provides information and opinions about household movers. In August 2003, Walker posted derogatory comments about the plaintiff, Best Van Lines, Inc. ("BVL"), a New York-based moving company. Walker asserted, at two different locations on his website, that BVL was performing household moves without legal authorization and without...

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