BURT v. CBS, INC.

No. C-3-90-092.

769 F.Supp. 1012 (1990)

James C. BURT, Plaintiff, v. CBS, INC., et al., Defendants.

United States District Court, S.D. Ohio, W.D.

Opinion on Motion for Summary Judgment April 17, 1991.


Attorney(s) appearing for the Case

Earl H. Moore, Jr., Dayton, Ohio, for plaintiff.

Robert E. Portune, Thomas H. Pyper and Ronald J. Kozar, Dayton, Ohio, Douglas P. Jacobs, Susanna M. Lowery, New York City, for defendants.


RICE, District Judge.

This case arises out of an October 29, 1988 television broadcast by Defendant CBS, Inc., ("CBS") on its program entitled "West 57th Street." In his Amended Complaint (Doc. # 2), Plaintiff alleges that the program violated the Federal Communications Commission's personal attack rule, 47 C.F.R. § 73.1920, and that it defamed him. Defendants1 have moved to dismiss Plaintiffs' Amended Complaint, arguing that there...

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