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SWEENEK v. PATHE NEWS

No. E-8041.

16 F.Supp. 746 (1936)

SWEENEK v. PATHE NEWS, Inc.

District Court, E. D. New York.

October 8, 1936.

Attorney(s) appearing for the Case

Harry Kamer, of New York City, for plaintiff.

William Mallard, of New York City (William S. Savage, of New York City, of counsel), for defendant.

MOSCOWITZ, District Judge.

This is a motion to dismiss the complaint for failure to state a cause of action. The plaintiff, Gertrude Sweenek, contends that the publication by the defendant Pathe News, Inc., of a reel of motion pictures, in which she appears, is a violation of her right of privacy under section 51 of the New York Civil Rights Law (Consol.Laws, c. 6). These pictures were incorporated as part of a newsreel and reveal women exercising in a gymnasium,...

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