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CEPEDA v. SWIFT AND COMPANY

No. 19475.

415 F.2d 1205 (1969)

Orlando CEPEDA, Appellant, v. SWIFT AND COMPANY, a Corporation, and Wilson Sporting Goods Company, a Corporation, Appellees.

United States Court of Appeals Eighth Circuit.

September 23, 1969.

Attorney(s) appearing for the Case

Alan E. Popkin, of Rosecan & Popkin, St. Louis, Mo., for appellant, John C. Healy, St. Louis, Mo., was on the brief with Mr. Popkin.

Harold A. Thomas, Jr., of Fordyce, Mayne, Hartman, Renard & Stribling, St. Louis, Mo., for appellee Swift & Co., Alphonso H. Voorhees, St. Louis, Mo., was on the brief with Mr. Thomas.

John P. Emde, of Armstrong, Teasdale, Kramer & Vaughan, St. Louis, Mo., for appellee Wilson Sporting Goods Co., Fred Leicht, Jr., St. Louis, Mo., was on the brief with Mr. Emde.

Before VAN OOSTERHOUT, Chief Judge, and MEHAFFY and GIBSON, Circuit Judges.

MEHAFFY, Circuit Judge.

Orlando Cepeda, a citizen of Puerto Rico and a famous major league baseball player, brought this suit in state court against Swift and Company. Upon timely removal to federal court by Swift, Cepeda filed an amended complaint, joining as an additional defendant Wilson Sporting Goods Company. The action was grounded upon the asserted unauthorized use of plaintiff's name, likeness, photograph, signature and good will by Swift in an advertising...

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