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BON AIR HOTEL, INC. v. TIME, INC.

Civ. A. No. 1171.

295 F.Supp. 704 (1969)

BON AIR HOTEL, INC., Plaintiff, v. TIME, INC., and Dan Jenkins, Defendants.

United States District Court S. D. Georgia, Augusta Division.

January 28, 1969.

Attorney(s) appearing for the Case

Cumming, Nixon, Eve, Waller & Capers, Augusta, Ga., for plaintiff.

Fulcher, Fulcher, Hagler, Harper & Reed, Augusta, Ga., Harold R. Medina, Jr., Cravath, Swaine & Moore, New York City, for defendants.

ORDER

LAWRENCE, District Judge.

On December 20, 1967, Judge Scarlett overruled the Motion for Summary Judgment by defendants addressed to the First Amendment issue as related to the article concerning the Bon Air Hotel and the Masters Tournament in the April 6, 1964 issue of SPORTS ILLUSTRATED. He sanctioned an interlocutory appeal under 28 § 1292(b), which was taken. The Court of Appeals declined to allow the appeal. Subsequently the Supreme

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