Legal Opinion

Gonzalez v. Hearst Consolidated Publications, Inc.

District Court, S.D. New York

Decided October 30, 1953PublishedCited by 1 opinion

1Opinion of the Court

WEINFELD, District Judge.

In this action for libel the defendant moves pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., to dismiss the amended complaint for failure to state a claim. Federal jurisdiction rests on diversity of citizenship. Plaintiff is a national of Mexico and a resident of Los Angeles, California, where he is engaged in the business of importing and exporting food commodities.

The alleged libel is a lengthy news article which was published in the defendant’s newspaper, The New York Journal-American, on April 25, 1952. The article deals with the…

2Cases cited6 opinions

Reporters' Ass'n of America v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1906
O'Connell v. . Press Publishing Co.New York Court of Appeals · 1915
Crashley v. . Press Publishing Co.New York Court of Appeals · 1904
Adolf Philipp Co. v. New Yorker Staats-ZeitungAppellate Division of the Supreme Court of the State of New York · 1914
Yonkers Railroad Co. v. Herald Statesman, Inc.New York Court of Appeals · 1937

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3Cited by1 opinion

Martin v. WagnerNew York Supreme Court · 1961