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WESTMORELAND v. CBS INC.

No. 82 Civ. 7913 (PNL).

601 F.Supp. 66 (1984)

General William C. WESTMORELAND, Plaintiff, v. CBS INC., et al., Defendants.

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

December 13, 1984.

Attorney(s) appearing for the Case

Dan M. Burt, Capital Legal Foundation, Washington, D.C., for plaintiff; David M. Dorsen, Washington, D.C., Donovan, Leisure, Newton & Irvine, New York City, of counsel.

David Boies, Stuart W. Gold, Cravath, Swaine & Moore, New York City, for defendant CBS Inc.; Robert H. Baron, Randy M. Mastro, William F. Duker, Michael R. Doyen, George Vradenburg, III, CBS Inc., New York City, of counsel.

OPINION AND ORDER

LEVAL, District Judge:

CBS objects on numerous grounds to the receipt in evidence of the Benjamin Report. The motion is granted for reasons explained below—in particular that the Report is largely irrelevant to the issues before the jury and consists in great part of opinion and hearsay of varying degrees of remoteness. Various facts asserted by the Report may nonetheless be received....

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