DONAHUE v. WARNER BROS. PICTURES

No. 4208.

194 F.2d 6 (1952)

DONAHUE et al. v. WARNER BROS. PICTURES, Inc., et al.

United States Court of Appeals Tenth Circuit.

Rehearing Denied February 16, 1952.


Attorney(s) appearing for the Case

Preston D. Richards, Salt Lake City, Utah (Rich & Elton, Salt Lake City, Utah, on the brief), for appellants.

Dennis McCarthy, Salt Lake City, Utah and Morris Ebenstein, New York City, for appellees Warner Bros. Pictures Distributing Corp. and Intermountain Theatres, Inc.

C. Vernon Langlois, Salt Lake City, Utah, was on the brief for appellees Arch E. Overman and C. E. Overman.

Before PHILLIPS, Chief Judge, and BRATTON, HUXMAN, MURRAH, and PICKETT, Circuit Judges.


BRATTON, Circuit Judge.

Section 103-4-8, Utah Code Annotated 1943, provides among other things that any one who uses for advertising purposes or for purposes of trade the name, portrait, or picture of a person, if such person is living, without first having obtained the written consent of such person, or, if such person is dead, without the written consent of his heirs or personal representatives, shall be guilty of a misdemeanor. And section 103-4-9 provides in presently...

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