Folsom v. Dell Publishing Co.
District Court, S.D. New York
1Opinion of the Court
PALMIERI, District Judge.
These are actions for damages arising out of the publication by the defendants of an allegedly defamatory article entitled “Devil’s Island, U.S.A.” and dealing with the prison and parole systems in the State of Alabama. The plaintiffs have moved to strike all but one of the affirmative defenses in the answers, and with respect to the remaining defense (truth) they have moved to strike all but one of the allegations constituting that defense. See Fed.Rules Civ.Proc. rule 12(f), 28 U.S.C. A.
The answers set up (1) truth, (2) statutory privilege under section 337 of the…
2Cases cited12 opinions
- Bingham v. . GaynorNew York Court of Appeals · 1911
- Briarcliff Lodge Hotel, Inc. v. Citizen-Sentinel Publishers, Inc.New York Court of Appeals · 1932
- Foley v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1929
- Mattice v. . WilcoxNew York Court of Appeals · 1895
- Samuel Goldwyn, Inc. v. United Artists CorporationDistrict Court, S.D. New York · 1940
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3Cited by4 opinions
- United States v. KramerDistrict Court, D. New Jersey · 1995
- Bocchicchio v. Curtis Publishing Co.District Court, E.D. Pennsylvania · 1962
- Eslinger v. HendersonNew Mexico Court of Appeals · 1969
- Moriarty v. CurranDistrict Court, S.D. New York · 1956