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CHAMPIONSHIP SPORTS v. TIME, INC.

71 Misc.2d 887 (1972)

Championship Sports, Inc., Plaintiff, v. Time, Inc., et al., Defendants.

Supreme Court, Special Term, New York County.

July 10, 1972

Attorney(s) appearing for the Case

Cravath, Swaine & Moore (Harold R. Medina, Jr., and Thomas C. Hauser of counsel), for defendants. Saxe, Bacon & O'Shea (Thomas A. Bolan of counsel), for plaintiff.

HYMAN KORN, J.

Defendants move for summary judgment dismissing the complaint.

The action is in libel. Defendants urge that the actual malice test, designed to give practical effect to the commitment of free public discussion in the exercise of the First Amendment privilege, precludes an issue of fact in this action.

The subject article appeared in the October 8, 1962 issue of Sports Illustrated...

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