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ALBRIGHT v. MORTON

No. C.A.02-11458-NG.

321 F.Supp.2d 130 (2004)

James ALBRIGHT and Amrak Productions, Inc., Plaintiffs, v. Andrew MORTON, Michael O'Mara, Michael O'Mara Books Limited, St. Martin's Press, Time, Inc. and Newsgroup Newspapers, Ltd., Defendants.

United States District Court, D. Massachusetts.

May 28, 2004.

Attorney(s) appearing for the Case

Jerrold G. Neeff, The Bostonian Law Group, Boston, MA, for Amrak Productions, Inc., James Albright, Plaintiffs.

Jonathan M. Albano, Bingham, McCutchen LLP, Boston, MA, for Michael O'Mara Books Limited, Andrew Morton, Michael O'Mara, St. Martin's Press, Inc., Time, Inc., Defendants.

Aaron M. Wais, Bingham & McCutchen LLP, Boston, MA, for St. Martin's Press, Inc., Time, Inc., Defendants.

MEMORANDUM AND ORDER

GERTNER, District Judge.

I. INTRODUCTION

This is a diversity action for defamation arising out of the publication of a book by defendants. The book allegedly portrayed plaintiff James Albright ("Albright") as a homosexual by mis-captioning a photograph of a gay individual with Albright's name. To find that the photograph makes any kind of statement regarding Albright's sexuality requires the Court...

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