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CHILDERS v. HIGH SOCIETY MAGAZINE, INC.

No. 82 Civ. 1905 (KTD).

557 F.Supp. 978 (1983)

Michael CHILDERS, Plaintiff, v. HIGH SOCIETY MAGAZINE, INC., and Drake Publishers, Inc., Defendants.

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

February 2, 1983.

Attorney(s) appearing for the Case

Harold Wm. Suckenik, New York City, for plaintiff; Ben C. Friedman, New York City, of counsel.

Abelman, Frayne & Rezac, New York City, for defendants; Jeffrey A. Schwab, New York City, of counsel.

MEMORANDUM & ORDER

KEVIN THOMAS DUFFY, District Judge:

Plaintiff Michael Childers moves for summary judgment on the question of the liability of the defendants, Drake Publishers, Inc. ("Drake") and High Society Magazine, Inc. ("High Society"), and, in addition, for referral of the case to a Magistrate to hear and determine the amount of damages owing to the plaintiff. Alternatively, plaintiff moves to strike the defendants' Answer.

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