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BITSIE v. WALSTON

No. 1108.

515 P.2d 659 (1973)

85 N.M. 655

La Verne BITSIE, by her father and next friend, Oscar Bitsie, Plaintiffs-Appellants, v. James B. WALSTON, the United Cerebral Palsy Association and Journal Publishing Company, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied September 7, 1973.

Attorney(s) appearing for the Case

Lorenzo A. Chavez, Melvin L. Robins, Leof Strand, Albuquerque, for plaintiffs-appellants.

William S. Dixon, Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, for defendant-appellee James B. Walston.

Turner W. Branch, Branch, Dickson, Dubois & Wilson, Albuquerque, for defendant-appellee The United Cerebral Palsy Assn.

J.J. Monroe, Johnson, Paulantis, Lanphere & Monroe, Albuquerque, for defendant-appellee Journal Publishing Co.

OPINION

WOOD, Chief Judge.

The trial court directed a verdict for defendants on plaintiffs' claim for invasion of privacy. Prior to trial, summary judgment had been granted to defendants on plaintiffs' claim for libel. This appeal challenges the correctness of both rulings.

At the State Fair in 1970, Walston took a photograph of La Verne Bitsie, a Navajo child, then approximately 18 months old. The photograph...

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