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SPAHN v. JULIAN MESSNER, INC.

21 N.Y.2d 124 (1967)

Warren E. Spahn, Respondent, v. Julian Messner, Inc. et al., Appellants.

Court of Appeals of the State of New York.

Decided December 28, 1967.

Attorney(s) appearing for the Case

Selig J. Levitan, Joel T. Camche and Ellis B. Levine for appellants.

Earle Warren Zaidins for respondent.

Irwin Karp for Authors League of America, Inc., amicus curiae.

Judges VAN VOORHIS, BURKE and SCILEPPI concur with Judge KEATING; Judge BERGAN dissents and votes to reverse in a separate opinion in which Chief Judge FULD concurs; Judge BREITEL taking no part.

KEATING, J.

Again before us is this appeal by the defendant — author, Milton Shapiro, and his publisher, the defendant Julian Messner, Inc., from an order of the Appellate Division (First Department) unanimously affirming a judgment of the Supreme Court (MARKOWITZ, J.) enjoining the publication and dissemination of the book "The Warren Spahn Story" and awarding the plaintiff $10,000 in damages.

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