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OCR Page 1 of 511:27
PBWI
96893315
NO. 607
002
Read, Terry
TO
clinter
RECEIVED
UNITED STATES DISTRICT COURT
13 1995
SOUTHERN DISTRICT OF NEW YORK
X
Ans'd.
TERRY K. REED,
Plaintiff,
-against-
MEMORANDUM AND ORDER
93 Civ. 2249 (WK)
TIME WARNER, INC., TIME INC.
MAGAZINE COMPANY AND RICHARD BEHAR,
Defendants.
X
WHITMAN KNAPP, SENIOR D.J.
This is a diversity action for libel based on an article about
plaintiff authored by defendant Richard Behar, published by
defendant Time magazine, entitled "Anatomy of a Smear," which in
effect called the plaintiff a liar. Defendants moved for summary
judgment in August, 1993. We issued an interim memorandum and
order on May 9, 1994, reserving decision and granting plaintiff's
request to depose another witness, William Duncan. Plaintiff has
completed this additional discovery, and defendants now renew their
motion. Because plaintiff has not been able to point to any proof
that any defendant¹ acted with either actual malice or gross
irresponsibility in researching, writing or publishing the article,
defendants' motion for summary judgment is granted.
In early 1992, Terry Reed ("plaintiff") approached Time
magazine ("Time") with a story that Bill Clinton, who was then
vying for the Democratic nomination for president, was involved
with the Reagan Administration's illicit scheme to arm the contras
1
Plaintiff's sole contention has been that the defendant
Behar acted with the necessary state of mind; he makes no
owner. independent accusations against the magazine or its corporate