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VOCATIONAL GUID. MAN. v. UNITED NEWSPAPER MAG.

280 A.D. 593 (1952)

Vocational Guidance Manuals, Inc., Respondent, v. United Newspaper Magazine Corporation et al., Appellants, et al., Defendants

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

October 28, 1952.

Attorney(s) appearing for the Case

E. Douglas Hamilton of counsel (W. Clyde O'Brien and John G. McCarthy with him on the brief; Brown, Cross & Hamilton, and Nixon, Hargrave, Devans & Dey, attorneys), for appellants.

Samuel Wollan for respondent.

VAN VOORHIS and BREITEL, JJ., concur with COHN, J.; PECK, P. J., dissents and votes to reverse in opinion in which DORE, J., concurs.

COHN, J.

The action is for damages for libel. Plaintiff, a corporation, is a publisher of a vocational guidance manual. The article complained of was published by defendant United Newspaper Magazine Corporation, and was distributed by the other two defendants-appellants. It bears a large, half-page illustration of two men and a housewife. One of the men carries in his pocket a piece of paper labelled "Order";...

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