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DENIS v. REYNOLDS TOBACCO CO.

279 A.D. 78 (1951)

Armand Denis et al., Respondents, v. R. J. Reynolds Tobacco Company et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

November 13, 1951.

Attorney(s) appearing for the Case

Gerald J. Dunworth of counsel (Walter R. Barry with him on the brief; Coudert Brothers, attorneys), for R. J. Reynolds Tobacco Company and New York News Syndicate Co. Inc., Appellants.

A. Walter Socolow for Lewis Cotlow, appellant.

Harold J. Sherman of counsel (Fitelson and Mayers, attorneys), for respondents.

On second appeal: DORE, J. P., CALLAHAN, VAN VOORHIS and SHIENTAG, JJ., concur with COHN, J.

COHN, J.

This suit is grounded upon the printed matter contained in a full page advertisement of a brand of cigarettes manufactured by defendant, R. J. Reynolds Tobacco Company, in a newspaper published by defendant New York News Syndicate Co. Inc. The advertisement referred to defendant Lewis Cotlow as a famed explorer and depicted him in certain African scenes, wherein...

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