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BOSE CORP. v. CONSUMERS UNION OF UNITED STATES, INC.

No. 82-1230.

692 F.2d 189 (1982)

BOSE CORPORATION, Plaintiff, Appellee, v. CONSUMERS UNION OF UNITED STATES, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 2, 1982.

Rehearing Denied November 23, 1982.

Attorney(s) appearing for the Case

Michael N. Pollet, New York City, with whom Marshall Beil, Carol A. Schrager, Karpatkin, Pollet, Perlmutter & Beil, New York City, Nancy Gertner, and Silverglate & Gertner, Boston, Mass., were on brief, for defendant, appellant.

Blair L. Perry, Boston, Mass., with whom Hale & Dorr, and Charles Hieken, Boston, Mass., were on brief, for plaintiff, appellee.

James F. McHugh, Jane E. Serene, Bingham, Dana & Gould, and John Reinstein, Boston, Mass., on brief for Civil Liberties Union of Massachusetts, amicus curiae.

Henry R. Kaufman, New York City, on brief for Dow Jones & Co., Inc., et al., amici curiae.

Before DAVIS, CAMPBELL and BOWNES, Circuit Judges.

BOWNES, Circuit Judge.

This product disparagement case arises from an article evaluating the Bose 901 Series I stereo loudspeaker system by Consumer Reports, the monthly magazine of defendant-appellant, Consumers Union (CU). The district court found, in a bench trial limited to liability, that one statement in the article was false and was published with knowledge that it was false or with reckless disregard of its falsity. Bose Corp. v. Consumers Union...

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