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ALL DIET FOODS DISTRS. v. TIME INC.

56 Misc.2d 821 (1967)

All Diet Foods Distributors, Inc., Plaintiff, v. Time, Inc., Defendant.

Supreme Court, Special Term, New York County.

December 29, 1967

Attorney(s) appearing for the Case

Cravath, Swaine & Moore (Harold R. Medina, Jr., and George J. Wade of counsel), for defendant. Edmund B. Hennefeld for plaintiff.

ARTHUR MARKEWICH, J.

Defendant moves for dismissal of the complaint for legal insufficiency.

The action is in libel. Plaintiff conducts a retail health food and special diet food store and a restaurant and otherwise markets those foods and in the course thereof uses the name "STAWEL PRODUCTS". Defendant has published a volume in its "Life Science Library" entitled "Food and Nutrition". In chapter 7 thereof...

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