Legal Opinion

Westmoreland v. CBS INC.

District Court, S.D. New York

Decided December 13, 1984No. 82 Civ. 7913 (PNL)PublishedCited by 31 opinions

1Opinion of the Court

OPINION AND ORDER

LEVAL, District Judge:

CBS objects on numerous grounds to the receipt in evidence of the Benjamin Report. The motion is granted for reasons explained below — in particular that the Report is largely irrelevant to the issues before the jury and consists in great part of opinion and hearsay of varying degrees of remoteness. Various facts asserted by the Report may nonetheless be received.

The history of the Report in brief is as follows: CBS broadcast its documentary— ■The Uncounted Enemy: A Vietnam Deception —on January 23,1982. Three days later General Westmoreland held a news…

2Cases cited10 opinions

  1. H. E. Collins and Joetta Collins, Surviving Parents and Personal Representatives of Karen Collins, Deceased v. Wayne CorporationCourt of Appeals for the Fifth Circuit · 1980
  2. Bredice v. Doctors Hospital, Inc.District Court, District of Columbia · 1970
  3. Southern Railway Company v. Carl Talmadge LanhamCourt of Appeals for the Fifth Circuit · 1969
  4. Litton Systems, Inc., Litton Business Telephone Systems, Inc., Litton Business Systems, Inc., and Litton Industries Credit Corporation, Plaintiffs-Appellees- Cross v. American Telephone and Telegraph Company, Western Electric Company, Inc., Bell Telephone Laboratories, Inc., New York Telephone Company, Inc., New Jersey Bell Telephone Company, Southern Bell Telephone and Telegraph Company, the Ohio Bell Telephone Company, Southwestern Bell Telephone Company, the Pacific Telephone and Telegraph Company, and Pacific Northwest Bell Telephone Company, Defendants-Appellants-Cross Litton Systems, Inc. v. Southwestern Bell Telephone CompanyCourt of Appeals for the Second Circuit · 1983
  5. Pekelis v. Transcontinental & Western Air, Inc.Court of Appeals for the Second Circuit · 1951

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3Cited by31 opinions

  1. Brazos River Authority v. GE Ionics, Inc.Court of Appeals for the Fifth Circuit · 2006
  2. Perez v. Scripps-Howard Broadcasting Co.Ohio Supreme Court · 1988
  3. Robert C. McFarlane v. Esquire MagazineCourt of Appeals for the D.C. Circuit · 1996
  4. Benitez-Allende v. Alcan Aluminio do Brasil, S.A.Court of Appeals for the First Circuit · 1988
  5. Biro v. Condé NastDistrict Court, S.D. New York · 2013

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