This section contains the nature of the case and procedural background.

Shor (P) earns his livelihood as the operator and manager of 'The Toots Shor Restaurant,' with which the Stork Club competes. The complaint is based upon a telecast of 'The Stork Club Show' over a nationwide network of stations and facilities, including Station WABC-TV. Stork operates 'The Stork Club,' Mayfair prepared and produced 'The Stork Club Show,' American Broadcasting telecast the show, and Billingsley (D) acted as a performer and master of ceremonies on the show. During the show, D and Brisson, a guest on the program, talked about P. P's picture was even telecast. D made a snide comment that P owed money to everybody. P sued Ds. for defamation.

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