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NAT. NUTRITIONAL FOODS ASS'N v. WHELAN

No. 78 Civ. 6276.

492 F.Supp. 374 (1980)

NATIONAL NUTRITIONAL FOODS ASSOCIATION; David T. Ajay, d/b/a Dave's Diet and Nutrition Foods; Sid Cammy, d/b/a The Diet Shop; and Max Huberman, d/b/a Natural Health Foods, Plaintiffs, v. Elizabeth M. WHELAN, Sc. D., and Fredrick J. Stare, M. D., Defendants.

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

June 25, 1980.

Attorney(s) appearing for the Case

Bass, Ullman & Lustigman, New York City, for plaintiffs, Robert Ullman, Joan Licht Mantel, New York City, of counsel.

Thacher, Proffitt & Wood, New York City, for defendants, Robert S. Stitt, G. W. Taliaferro, Jr., New York City, of counsel.

OPINION

SOFAER, District Judge:

This is an action for libel, conspiracy and prima facie tort brought against a nutritionist, Elizabeth M. Whelan, and a physician specializing in nutrition, Fredrick J. Stare, by National Nutritional Foods Association ("NNFA"), a trade association of retailers, manufacturers and distributors in the health food industry and three individual members of the Association, all of whom are in the retail health food business.

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