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IRWIN CO. v. MAGAZINES OF INDUSTRY

122 F.Supp. 166 (1954)

IRWIN CO., Inc. et al. v. MAGAZINES OF INDUSTRY, Inc.

United States District Court, S. D. New York.

April 6, 1954.

Attorney(s) appearing for the Case

Murphy, Block, Sullivan & Sawyer, New York City, John Dwight Sullivan, New York City, of counsel, for plaintiffs.

White & Case, New York City, Chester Bordeau, John M. Johnston, New York City, for defendant.

CONGER, Judge.

Motion by the defendant for leave to serve and file an amended answer to which the plaintiffs object solely to the proposed fourth defense.

In Turton v. New York Recorder Co., 144 N.Y. 144, 38 N.E. 1009, the Court stated:

"But even if the defendant could have had the benefit of a retraction published after the commencement of the action, the mere offer to publish it gave it no benefit or advantage." 144 N.Y. at page 149, 38 N.E. at...

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