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UNIVERSITY OF THE SOUTH v. BERKLEY PUBLISHING CORP.

No. 73 Civ. 2440 KTD.

392 F.Supp. 32 (1974)

The UNIVERSITY OF THE SOUTH, Plaintiff, v. BERKLEY PUBLISHING CORP. et al., Defendants.

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

May 23, 1974.

Attorney(s) appearing for the Case

Breed, Abbott & Morgan, New York City, for plaintiff; by Thomas A. Shaw, Jr., Leonard A. Mentzer, New York City, of counsel.

Perles & Kleefield, New York City, for defendant Kable News Co.

Baker, Nelson & Williams, New York City, for defendant Yale Daily News.

Parker, Duryee, Zunino, Malone & Carter, New York City, for defendant Berkley Publishing Corp.; by Thomas F. Tivnan, Wm. Lee Kinnally, Jr., New York City, of counsel.

MEMORANDUM AND ORDER

KEVIN THOMAS DUFFY, District Judge.

This is a motion made by the defendant Berkley Publishing Corp. (hereinafter referred to as "Berkley") to dismiss the complaint for failure to state a claim upon which relief can be granted pursuant to Rule 12(b)(6) and for summary judgment pursuant to Rule 56, Fed.R. Civ.P. The motion under Rule 12(b)(6) is denied. The summary judgment motion, however,...

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