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GARDNER v. NIZER

No. 73 Civ. 4982.

391 F.Supp. 940 (1975)

Virginia GARDNER, Plaintiff, v. Louis NIZER and Doubleday & Co., Inc., Defendants.

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

February 24, 1975.

Attorney(s) appearing for the Case

Emile Z. Berman & A. Harold Frost, New York City, for plaintiff; Arnold I. Katz, New York City, of counsel.

Phillips, Nizer, Benjamin, Krim & Ballon, New York City, for defendant Louis Nizer; George Berger, New York City, of counsel.

Satterlee & Stephens, New York City, for Doubleday & Co., Inc.; Robert M. Callagy, New York City, of counsel.

MEMORANDUM

BONSAL, District Judge.

Defendants Louis Nizer ("Nizer") and Doubleday & Company, Inc. ("Doubleday") move pursuant to F.R.Civ.P. 56 for summary judgment dismissing plaintiff Virginia Gardner's complaint on the ground there is no genuine issue as to any material fact.

Plaintiff, author of the book The Rosenberg Story ("plaintiff's book"), a biographical study of Julius and Ethel Rosenberg, consisting of 126 pages and approximately...

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