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VARNISH v. BEST MEDIUM PUBLISHING CO.

No. 107, Docket 32359.

405 F.2d 608 (1968)

Melvin VARNISH, Plaintiff-Appellee, v. BEST MEDIUM PUBLISHING CO. Inc., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 31, 1968.

Certiorari Denied April 21, 1969.

Attorney(s) appearing for the Case

Ernest Allen Cohen (Jaffe Cohen Berman & Crystal, New York City, on the brief), for plaintiff-appellee.

Irwin M. Taylor (Kaufman, Taylor, Kimmel & Miller, New York City, on the brief), for defendant-appellant.

Before LUMBARD, Chief Judge, and KAUFMAN and HAYS, Circuit Judges.

Certiorari Denied April 21, 1969. See 89 S.Ct. 1465.

LUMBARD, Chief Judge:

This appeal presents the difficult question of whether the appellant's article, "`Happiest Mother' Kills Her Three Children and Herself," was sufficiently untruthful and offensive to support a judgment for invasion of privacy.

In September, 1963, Melvin Varnish's wife killed their three infant children and committed suicide. In March, 1964, Best Medium Publishing Co., Inc. published...

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