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Main Index: US Federal District Court Opinion, September 3, 1997 Order Amending August 26, 1997 Opinion

US Federal District Court Opinion, August 26, 1997 (U.S. Dist. Court S.D.N.Y.) - includes the changes based on the September 3, 1997 Order Amending Opinion.

93 Civ. 6656 (LBS)

ORDER AMENDING OPINION

September 3, 1997

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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OPA (OVERSEAS PUBLISHING
ASSOCIATION) AMSTERDAM BV,
HARWOOD ACADEMIC PUBLISHERS GMBH
and GORDON AND BREACH SCIENCE
PUBLISHERS S.A.,

Plaintiffs,


-against-


AMERICAN INSTITUTE OF PHYSICS
and AMERICAN PHYSICAL SOCIETY,

Defendants.

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On August 26, 1997, the Court filed an Opinion in the above-captioned case. The Opinion is amended to reflect the following two changes:

(1) Page 30, footnote 10 previously read:

Defendant. assert that because plaintiffs claim that defendants' statements were literally false rather than misleading, the sophistication of the audience, i.e., librarians, is irrelevant. P1. Post-Trial Mem. at 16. Plaintiffs dispute this contention. Def. Reply Mem. at 8, n.7. Because the Court finds that there has been no showing of literal falsity even with regard to an unsophisticated audience, it need not address this issue.

Page 30, footnote 10 now reads:

Plaintiffs assert that because they claim that defendants' statements were literally false rather than misleading, the sophistication of the audience, i.e., librarian", is irrelevant. P1. Post-Trial Mem. at 16. Defendants dispute this contention. Def. Reply Mem. at 8, n.7. Because the Court finds that there has been no showing of literal falsity even with regard to an unsophisticated audience, it need not addressee this issue.

(2) Page 23, eighth line from the top formerly read:

assessment of Barschall's results were reliable. (See supra note 6)

Page 23, eighth line from the top now reads:

assessment of Barschall's results were reliable. (See supra note 7).

The Clerk is directed to insert a corrected copy of page 23 and page 30, reflecting these changes, in the Opinion.

SO ORDERED

Dated:
New York, New York
September 3, 1997

Leonard B. Sand [Signature]
U.S.D.J.