Simmons Ford, Inc. v. Consumers Union of United States, Inc.

OPINION AND ORDER

BENJAMIN F. GIBSON, District Judge.

This case is a diversity action, sounding in tort, for damages consequent to an adverse product test evaluation in Consumer Reports. The plaintiffs brought suit almost a year after the article in question appeared in the October 1975 issue of the magazine. Pursuant to stipulation, the defendant has delayed making answer until the pending motions are decided.

Consumers Union has moved to dismiss the complaint for failure to state a claim upon which relief may be granted, Fed.R. Civ.P. 12(b)(6), and to transfer the action to the Southern…