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CONT'L AIR v. EMPIRE INT.

51 A.D.2d 104 (1976)

Continental Air Ticketing Agency, Inc., Doing Business as Continental Travel Service, et al., Appellants, v. Empire International Travel, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 20, 1976

Attorney(s) appearing for the Case

Charles A. Schiano (Charles O. Baisch of counsel), for appellants.

Cucci, Welch, Colicchio & Weinstein (Roy Colicchio of counsel), for Empire International Travel, Inc., and others, respondents.

Chamberlain, D'Amanda, Bauman, Chatman & Oppenheimer (Louis D'Amanda of counsel), for Rustcraft, respondent.

MOULE, J.P., SIMONS, DILLON and WITMER, JJ., concur.

CARDAMONE, J.

A local travel agency (Empire) advertisement for a charter flight from Rochester, New York to Rome, Italy, heard on the regular Sunday afternoon radio broadcast of "Panorama Italiano" on February 11, 1973, caused a competitor travel agency (Continental) to institute suit based upon what it claimed was a libel of its planned similar charter flight. This appeal follows the dismissal of its complaint...

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