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CHURCH OF SCIENTOLOGY INTERNATIONAL v. BEHAR

Nos. 98-9522(L), 99-7332(CON).

238 F.3d 168 (2001)

Church of Scientology International, Plaintiff-Counter-Defendant-Appellant, v. Richard Behar, Defendant-Counter-Claimant-Appellee, Time Warner, Inc., Time Inc. Magazine Company, Defendants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 1999.

Decided January 12, 2001.

Attorney(s) appearing for the Case

BURT NEUBORNE, New York, NY, Eric M. Lieberman, Andrew J. Fields, Scott T. Johnson, Rabinowitz, Boudin, Standard, Krinsky & Lieberman, New York, NY, for Plaintiff-Counter-Defendant-Appellant.

FLOYD ABRAMS, Dean Ringel, Janet A. Beer, Cahill Gordon & Reindel, New York, NY, Robin Bierstedt, Time Inc., New York, NY, for Defendant-Counter-Claimant-Appellee and Defendant-Appellees.

Before: WALKER, Chief Judge, CABRANES and PARKER, Circuit Judges.

JOHN M. WALKER, JR., Chief Judge:

Plaintiff-appellant Church of Scientology International ("CSI") appeals from judgments of the district court for the Southern District of New York (Peter K. Leisure, District Judge) dismissing appellant's libel complaint. Because we find that the challenged statements were not published with actual malice or were subsidiary in meaning to statements made without actual malice, we affirm the judgments of the district court.<...

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