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UNELKO CORP. v. ROONEY

No. 89-15751.

912 F.2d 1049 (1990)

UNELKO CORP., an Illinois corporation; Howard G. Ohlhausen, Plaintiffs-Appellants, v. Andy ROONEY, an individual; CBS, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 24, 1990.

Attorney(s) appearing for the Case

Robert P. Cummins, Bickel & Brewer, Chicago, Ill., Robert H. Oberbillig, Snell & Wilmer, Phoenix, Ariz., for plaintiffs-appellants.

Douglas P. Jacobs, Helen M. Gold, CBS, Inc., New York City, David J. Bodney, Daniel C. Barr, Brown & Bain, P.A., Phoenix, Ariz., for defendants-appellees.

Before ALARCON and POOLE, Circuit Judges, and HATTER, District Judge.

ALARCON, Circuit Judge:

Plaintiffs Unelko Corporation and Howard G. Ohlhausen (Unelko) appeal from an order dismissing their defamation claim against Andy Rooney and CBS, Inc. (Rooney) on summary judgment. The suit arises from statements made by Rooney during the April 17 and May 8, 1988 broadcasts of "60 Minutes," among which was the assertion that Unelko's product "Rain-X" "didn't work." The district court granted summary judgment for Rooney, finding that Rooney...

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