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JOHNSTON v. TIME, INC.

No. C-49-WS-69.

321 F.Supp. 837 (1970)

Neil JOHNSTON, Plaintiff, v. TIME, INC., Arnold Red Auerbach and George Plimpton, Defendants.

United States District Court, M. D. North Carolina, Winston-Salem Division.

On Motions for Summary Judgment November 23, 1970.

Attorney(s) appearing for the Case

Weston P. Hatfield and Roy G. Hall, Jr., of Hatfield, Allman & Hall, Winston-Salem, N. C., for plaintiff.

Egbert L. Haywood, of Haywood, Denny & Miller, Durham, N. C., and Harold R. Medina, Jr., of Cravath, Swaine & Moore, New York City, for defendants.

MEMORANDUM AND ORDER

GORDON, District Judge.

This is an action for libel brought against Time, Inc., Arnold "Red" Auerbach and George Plimpton, to recover damages allegedly resulting from an article in the December 23, 1968, issue of Sports Illustrated. A motion has been made by defendant, Time, Inc., a Delaware corporation, to dismiss the action for lack of jurisdiction over the person under Rule 12(b) (2) of the Federal Rules of Civil Procedure. Defendant...

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