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JENKINS v. DELL PUBLISHING COMPANY

Civ. A. No. 12944.

132 F.Supp. 556 (1955)

William JENKINS, Susann Jenkins, Katheryn Jenkins, Sarah Jenkins, David Jenkins, and Faye Jenkins, by Agnes Jenkins, their natural guardian, and Agnes Jenkins v. DELL PUBLISHING COMPANY, Incorporated, a New York Corporation.

United States District Court W. D. Pennsylvania.

June 8, 1955.

Attorney(s) appearing for the Case

William C. Smith, Jr., Smith, Weaver, Richardson & Smith, Pittsburgh, Pa., for plaintiffs.

Charles C. Arensberg, Patterson, Crawford, Arensberg & Dunn, Pittsburgh, Pa., for defendant.

MARSH, District Judge.

After reargument1 and upon due consideration of the competent and comprehensive briefs submitted by both sides, I am not convinced that this suit should be dismissed. From the arguments of the defendant, I think it has lost sight of the fact that this cause of action is grounded in its own acts of tortiously publishing a picture of the plaintiffs in its magazine, the...

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