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NATIONAL DYNAMICS CORP. v. PETERSEN PUBLISHING CO.

185 F.Supp. 573 (1960)

NATIONAL DYNAMICS CORP., Plaintiff, v. PETERSEN PUBLISHING CO. and Charles Nerpel, Defendants.

United States District Court S. D. New York.

August 11, 1960.

Attorney(s) appearing for the Case

Bass & Friend, New York City, for plaintiff.

Engel, Judge, Miller, Sterling & Reddy, New York City, for defendant Petersen Pub. Co., John F. Reddy, Jr., Robert Bloom, New York City, of counsel.

METZNER, District Judge.

Defendant moves for judgment on the pleadings or, in the alternative, summary judgment. Plaintiff, National Dynamics Corp., is a corporation engaged in the business of selling a battery additive under the trade name "VX-6". Defendant, Petersen Publishing Co., is the publisher of a nationally distributed publication called "Motor Trend". Plaintiff alleges that defendant published in its April 1959 issue of Motor Trend an article concerning...

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