V I R G I N I A :

         IN THE GENERAL DISTRICT COURT OF ARLINGTON COUNTY
                           CIVIL DIVISION


RAM AVRAHAMI,

     Plaintiff,

v.                                     Civil Action No. 95-7479


U.S. NEWS & WORLD REPORT, INC.,

     Defendant.


                     MOTION FOR CONTINUANCE

     COMES NOW the Defendant U.S. News and World Report, Inc.,
("U.S. News"), by counsel, and moves this court for a continuance
of this action until the next available date for hearing after
November 30, 1995 on the grounds set forth below:

     1.   This action was commenced by filing of Plaintiff's Motion
for Judgement on or about July 21, 1995. The two count motion for
judgement presents a novel issue of law: whether the renting of a
mailing list contains only plaintiff's name and address violates
Va. Code # 8.01-40.

     2.   A return date was set for August 21, 1995.

     3.   Both parties appeared at the return date and a trial was
thereafter set for November 27, 1995.

     4.   Plaintiff Avrahami subsequently began to prosecute this
action through the media, issuing press releases and discussing
this action and his claims in print, on radio, television and the
Internet.

     5.   U.S. News retained its counsel of record, David G. Fiske
and Michael J. Wendorf, during mid-October. A notice of appearance
and motion to stay were filed on October 25, and October 24, 1995
respectively.

     6.   Due to the nature of the action, U.S. News also filed a
motion for declaratory relief in the Circuit Court of Arlington
County. That action was filed at law and properly seeks a
declaration from the Circuit Court on the applicability of Va. Code
# 8.01-40 to the facts of this action.

     7.   All parties desire an expeditious hearing on the
applicability of Va. Code # 8.01-40 and have prepared diligently.
However, both Mr. Fiske and Mr. Wendorf, U.S. News' counsel of
record, have a jury trial scheduled to begin on the same date as
this action in the U.S. District Court for the Eastern District of
Virginia, Alexandria Division, Good Humor Corporation v. Berliner
Specialty Distributors, Inc., Civil Action Number 95-686.

     8.   Plaintiff's counsel was informed of this unavoidable
conflict and agreed to a continuance if this action could be
rescheduled during the week of December 6, 1995.

     9.   Counsel for both parties telephoned the Court to seek a
mutually acceptable date for the week of December 6, 1995 but were
informed there were no dates available for this action to be heard
until January or February, 1996.

     10.  Plaintiff's counsel refused to consider any continuance
beyond the week of December 6, 1995, necessitating this motion.

     11.  A continuance will further the ends of justice and allow
U.S. News to be represented by its counsel of choice. It is well-
established that, where counsel on whom a party materially relies
is unavoidably absent, he is entitled to a continuance. See, e.g.,
Smith v. Com., 155 Va. 1111 (1931). In any event, this action
should be stayed pending resolution of the declaratory judgement
action filed in the Circuit Court.


Dated:  November 21, 1995          Respectfully submitted,
                                   U.S. NEWS AND WORLD REPORT, INC.
                                   By Counsel


SHAW, PITTMAN, POTTS & TROWBRIDGE

By:    /s/
   David G. Fiske, VSB #14511
   Michael J. Wendorf, VSB #30095
   115 South Union Street
   Alexandria, Virginia 22314
   (703) 739-6650

   Counsel for U.S. News and World Report, Inc.