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GOLDWATER v. GINZBURG

No. 65 Civ. 2676.

261 F.Supp. 784 (1966)

Barry M. GOLDWATER, Plaintiff, v. Ralph GINZBURG, Warren Boroson and Fact Magazine, Inc., Defendants.

United States District Court S. D. New York.

December 27, 1966.

Attorney(s) appearing for the Case

Regan, Goldfarb, Powell & Quinn, New York City, for plaintiff; Roger Robb, Washington, D. C., Louis H. Powell, Peter G. Corbett, New York City, Robb, Porter, Kistler & Parkinson, Washington, D. C., of counsel.

Harris B. Steinberg, New York City, for defendants; Stanley S. Arkin, New York City, of counsel.

WYATT, District Judge.

This is a motion by defendants for summary judgment in their favor. Fed. R.Civ.P. 56. The action is one for libel and plaintiff has demanded jury trial. The complaint prays for one million dollars as compensatory damages and another one million dollars as punitive damages.

Defendants contend that application of the principle announced in New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L...

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