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EL MESON ESPANOL v. NYM CORPORATION

No. 920, Docket 75-7074.

521 F.2d 737 (1975)

EL MESON ESPANOL, Plaintiff-Appellant, v. NYM CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 11, 1975.

Attorney(s) appearing for the Case

Lawrence Lauer, New York City, for plaintiff-appellant.

E. Douglas Hamilton, New York City (Hall, McNicol, Marett & Hamilton, New York City, of counsel), for defendant-appellee.

Before MULLIGAN, TIMBERS and GURFEIN, Circuit Judges.

GURFEIN, Circuit Judge:

The November 5, 1973 issue of New York Magazine contained an article concerning narcotics trafficking in the New York metropolitan area entitled "COKE: The Big New Easy-Entry Business." Included in the article's description of places where such activity was most prevalent was the following passage, which is the basis of this libel action brought by appellant El Meson Espanol, a New Jersey corporation:

"They [i.e. cocaine dealers...

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