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GIALDE v. TIME, INC.

Nos. 72-1776, 73-1030.

480 F.2d 1295 (1973)

Tom J. GIALDE, Appellee, v. TIME, INC., Appellant. TIME, INC., Petitioner, v. Honorable John W. OLIVER, Judge of the United States District Court for the Western District of Missouri, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided June 20, 1973.

Attorney(s) appearing for the Case

Harold R. Medina, Jr., Cravath, Swaine & Moore, New York City, for Time, Inc.

Joseph Schlozman, Schlozman & DeFeo, Kansas City, Mo., for Gialde.

Before VAN OOSTERHOUT, Senior Circuit Judge, HEANEY, Circuit Judge and VAN SICKLE, District Judge.

VAN OOSTERHOUT, Senior Circuit Judge.

This is an action by plaintiff Tom J. Gialde against Time, Inc., for actual and punitive damages based upon an article and photograph which appeared in the June 12, 1970, issue of Life Magazine published by Time showing plaintiff as a member of a golfing group at Ocean Springs, Mississippi. The article, which was published with the photograph, referred without naming plaintiff to eighteen individuals pictured therein as "four...

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