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MOTSCHENBACHER v. R. J. REYNOLDS TOBACCO COMPANY

No. 72-1419.

498 F.2d 821 (1974)

Lothar MOTSCHENBACHER, Plaintiff-Appellant, v. R. J. REYNOLDS TOBACCO COMPANY, a corporation, and William Esty Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

June 6, 1974.

Attorney(s) appearing for the Case

Robert Winckler, Los Angeles, Cal., for plaintiff-appellant.

Lillick, McHose, Wheat, Adams & Charles, Los Angeles, Cal., for defendants-appellees.

Before KOELSCH, HUFSTEDLER and TRASK, Circuit Judges.

OPINION

KOELSCH, Circuit Judge:

Lothar Motschenbacher appeals from the district court's order granting summary judgment in favor of defendants in his suit seeking injunctive relief and damages for the alleged misappropriation of his name, likeness, personality, and endorsement in nationally televised advertising for Winston cigarettes. The jurisdiction of the district court is founded on diversity of citizenship, 28 U.S.C. § 1332; appellate jurisdiction...

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