As noted at the outset, the bulk of both broadcasts had to do with the IDC marketing program, the method by which the IDC offered "diamond banking", and then reported the Missouri indictment of specific named officers, the Minnesota fraud suit by its Attorney General, and the Federal Trade Commission's staff description in connection with its own suit in Federal Court in California.
Mr. Prager enters the picture, to coin a phrase, because of his assistant's inviting letter of December 11, 1981 ending with "drop by and visit us any time." What was broadcast was Bob Blanchard merely asking, "Do you know anything about the indictments?" and so on.
Prager said, "No." Whereupon Bob Blanchard said, "Well, I have, I got the Grand Jury indictment right here," and offers the papers to Prager.
Prager asks to be excused, and later offers an interview on Monday, to which Bob Blanchard says, "Okay."
The Monday broadcast is largely a rehash since there was no interview, adding a few bits already mentioned from Friday that were not used that night, with Prager saying he was only one outlet of 700. And when Bob Blanchard merely asks, "Are you, are you still?" he said, "We are closing down, we are fading fast."
Blanchard also adds the corrections requested by Mr. Prager's lawyer, namely that he's not an officer of the company; that he runs a clean operation; and that no one has ever lost any money.
For each and all of the foregoing reasons the defendant's motion for summary judgment will be granted and plaintiff's motion for partial summary judgment will be denied. Since all of the various other counts are derivative from or contingent upon the outcome of the defamation counts, they necessarily follow the same disposition.
Finally, it should be said on the record that nothing in this opinion, or during this hearing, or in the papers before the Court, amounts to any finding, evidence, determination or conclusion directly or by implication that Mr. Prager personally had any knowledge or awareness or participation in any of the wrongful acts or conduct charged in any jurisdiction in respect to International Diamond Corporation and the various officers named therein.