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MARCANTONIO v. NEW YORK WORLD-TELEGRAM CORP.

277 A.D. 84 (1950)

Vito Marcantonio, Respondent, v. New York World-Telegram Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 13, 1950.

Attorney(s) appearing for the Case

Harry H. Van Aken of counsel (Macdonald De Witt, C. Coudert Nast and William E. Flannery with him on the brief; De Witt, Van Aken & Nast, attorneys), for appellant.

Herman Rosenfeld of counsel (William L. Standard, attorney), for respondent.

PECK, P. J., COHN and VAN VOORHIS, JJ., concur in Per Curiam opinion; SHIENTAG, J., dissents and votes to affirm in opinion in which CALLAHAN, J., concurs.

Per Curiam.

The newspaper article alleged in the complaint does not sustain the pleaded innuendoes that it charges plaintiff, a member of Congress, with having been in association with criminals or criminal activities, that he was lending his political office to the accomplishment of criminal ends, or that his political activities were directed to criminal and unlawful ends and purposes or in aid of persons engaged in...

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