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KNIEVEL v. ESPN

No. 02-36120.

393 F.3d 1068 (2005)

Evel KNIEVEL; Krystal Knievel, Plaintiffs-Appellants, v. ESPN, a subsidiary of Walt Disney, Inc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 4, 2005.

Attorney(s) appearing for the Case

Wade J. Dahood, Knight, Dahood, Everett & Sievers, Anaconda, MT, for the plaintiffs-appellants.

Nathan Siegel, ABC, Inc., Washington, D.C., for the defendant-appellee.

Before: TASHIMA, PAEZ, and BEA, Circuit Judges.

TASHIMA, Circuit Judge:

Famed motorcycle stuntman Evel Knievel and his wife Krystal were photographed when they attended ESPN's Action Sports and Music Awards in 2001. The photograph depicted Evel, who was wearing a motorcycle jacket and rose-tinted sunglasses, with his right arm around Krystal and his left arm around another young woman. ESPN published the photograph on its "extreme sports" website with a caption that read "Evel Knievel proves that you're never too...

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