Nature of the Case
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Facts
CBS 60 Minutes (D) aired a segment on daminozide, Alar, that was sprayed on apples to regulate their growth and how that substance breaks down into a carcinogen. D based its news report in the studies of the NRDC. Following this broadcast, consumer demand for apples decreased dramatically. The apple growers and others dependent upon apple production lost millions of dollars, and many growers lost their homes and livelihoods. In 1990, eleven growers sued, D, the NRDC and a public relations firm used by NRDC for product disparagement. The district court issued a summary judgment against Ps for the failure of them to prove the falsity of the message conveyed by D. P appealed.
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