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McKINNON v. SMITH

52 Misc.2d 349 (1966)

Richard A. McKinnon et al., Plaintiffs, v. Bernard L. Smith et al., Defendants.

Supreme Court, Special Term, Queens County.

November 29, 1966

Attorney(s) appearing for the Case

Moser, Henkin & Alper for plaintiffs. Steinberg & Steinberg for defendants.

HENRY J. LATHAM, J.

Plaintiffs and defendants are all members of the American Radio Association, a national labor union representing some 900 merchant marine radio operators. This action, seeking compensatory and punitive damages for libel, arises out of a union election campaign in which plaintiffs and defendants were the candidates. Defendants move, pursuant to CPLR 3211 (subd. [a], pars. 1, 7), to dismiss...

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