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OSMERS v. PARADE PUBLICATIONS, INC.

234 F.Supp. 924 (1964)

Frank C. OSMERS, Jr., Plaintiff, v. PARADE PUBLICATIONS, INC., Defendant.

United States District Court S. D. New York.

October 13, 1964.

Attorney(s) appearing for the Case

McCarthy & McGrath, New York City, for plaintiff, Herman J. McCarthy, New York City, of counsel.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for defendant, Martin Kleinbard and William S. Wells, New York City, of counsel.

TYLER, District Judge.

This action for libel is predicated upon an article appearing in the edition of "Parade", a weekly magazine, dated Sunday, May 5, 1963. Defendant publisher of "Parade" moves to dismiss upon the ground that the action is barred by the applicable statute of limitations.

Exhibits submitted by plaintiff clearly indicate his efforts prior to the commencement of this action to obtain a letter of retraction and apology from the publisher. At...

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