East Village Other, Inc. v. Koota

MEMORANDUM (incorporating FINDINGS OF FACT) and ORDER

DOOLING, District Judge.

It appears without contradiction that plaintiff prepared and published on or before February 2, 1968, Volume III, No. 9, of a weekly tabloid entitled “The East Village Other.” Copies of the issue in question are annexed to the complaint and amended complaint.

On Friday February 2, 1968, Michael Acerno drove a truck carrying about 1,300 or 1,400 copies of the issue to a newsstand in the Borough Hall, Brooklyn, area. At the newsstand two detectives, one of whom had obtained at a newsstand and read a copy of the issue in…