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JOHNSTON v. NATIONAL BROADCASTING COMPANY, INC.

No. 72-C-1638.

356 F.Supp. 904 (1973)

Wayne JOHNSTON, Plaintiff, v. NATIONAL BROADCASTING COMPANY, INC., et al., Defendants.

United States District Court, E. D. New York.

March 21, 1973.

Attorney(s) appearing for the Case

Manton, Giaimo, Pennisi, Deffina & Dowd, P. C., Long Island City, for plaintiff; Thomas V. Deffina, Michael G. Dowd, Long Island City, of counsel.

Cahill, Gordon, Sonnett, Reindel & Ohl, New York City, for defendants National Broadcasting Co., Inc., and Marshall Wellborn; Marshall H. Cox, Jr., James Foster, Miles M. Tepper, New York City, of counsel.

Norman Redlich, Corp. Counsel, New York City, for defendant David Durk.

BARTELS, District Judge.

Defendants National Broadcasting Company, Inc. (NBC), Marshall Wellborn and David Durk have moved this court, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, for an order dismissing the complaint for failure to state a claim upon which relief can be granted.

Among unnecessarily prolific and irrelevant allegations, two causes of action emerge: the first, predicated upon 42 U.S.C. § 19831

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