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RUFFIN-STEINBACK v. dePASSE

No. 00-1260.

267 F.3d 457 (2001)

Cheryl RUFFIN-STEINBACK, Individually and in her capacity as Personal Representative of the Estate of Davis E. Ruffin, p/k/a David Ruffin; Nedra Ruffin; Kimberly Bogan; David Ruffin, Jr.; Estate of Earline Ruffin; Josephine Miles; Rose Franklin, Plaintiffs-Appellants, v. Suzanne dePASSE; dePasse Entertainment; Otis Williams, "Temptations"; Shelly Burger; National Broadcasting Company, Inc.; David Picker; Hallmark Entertainment, Individuals and corporations, jointly and severally, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 28, 2001.

Pursuant to Sixth Circuit Rule 206

Attorney(s) appearing for the Case

ARGUED: Gregory J. Reed, GREGORY J. REED & ASSOCIATES, Detroit, Michigan, for Appellants.

Herschel P. Fink, HONIGMAN, MILLER, SCHWARTZ & COHN, Detroit, Michigan, for Appellees.

ON BRIEF: Gregory J. Reed, GREGORY J. REED & ASSOCIATES, Detroit, Michigan, for Appellants. Herschel P. Fink, Cynthia G. Thomas, HONIGMAN, MILLER, SCHWARTZ & COHN, Detroit, Michigan, Gregory M. Kopacz, DYKEMA GOSSETT, PLLC, Bloomfield Hills, Michigan, for Appellees.

Before: SUHRHEINRICH and SILER, Circuit Judges; HOOD, District Judge.

OPINION

JOSEPH M. HOOD, District Judge.

Plaintiffs appeal the district court's dismissal of their claims in this tort action based on the airing of a mini-series about the Temptations. For the reasons which follow, we AFFIRM.

I. INTRODUCTION

In November of 1998, National Broadcasting Company ("NBC") aired a four-hour mini-series depicting the Temptations as recounted in a novel written by Otis Williams, a founding member of...

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