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BENAVIDEZ v. ANHEUSER BUSCH, INC.

No. 88-2779. Summary Calendar.

873 F.2d 102 (1989)

Roy P. BENAVIDEZ, Plaintiff-Appellant, v. ANHEUSER BUSCH, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 23, 1989.

Attorney(s) appearing for the Case

Frumencio Reyes, Jr., Reyes, Reyes & Reyes-Castillo, Houston, Tex., for plaintiff-appellant.

Edward G. Wierzbicki, Joseph Welch, Chicago, Ill., and Henry P. Giessel, Alice Giessel, Giessel, Stone, Barker & Lyman, Houston, Tex., for defendant-appellee.

Before REAVLEY, JONES and DUHE, Circuit Judges.

REAVLEY, Circuit Judge:

Appellant Roy P. Benavidez brought this suit against Anheuser Busch, Inc. ("ABI") alleging that ABI had misappropriated his name and likeness for commercial purposes. The district court, following a bench trial, entered judgment in ABI's favor. We affirm.

I. Background

In the early 1980s, Busch Creative Services Corporation, a communications company that is a wholly owned subsidiary of Anheuser Busch Companies, Inc.,

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