HERCEG v. HUSTLER MAGAZINE, INC.

Civ. A. No. H-82-198.

565 F.Supp. 802 (1983)

Diane HERCEG and Andy Vines, Plaintiffs, v. HUSTLER MAGAZINE, INC., Defendants.

United States District Court, S.D. Texas, Houston Division.

June 6, 1983.


Attorney(s) appearing for the Case

Robert B. Wallis, Haynes & Fullenweider, Houston, Tex., for plaintiffs.

Jack Price, Austin, Tex., for defendants.


MEMORANDUM OPINION AND ORDER

McDONALD, District Judge.

Before the Court is defendant Hustler Magazine, Inc. (Hustler's) Motion to Dismiss for failure to state a claim. Plaintiffs have sued Hustler in tort and under the wrongful death statute, under the theories of negligent publication and strict liability. They allege that defendant negligently published an inflammatory article on the practice of "autoerotic...

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