BERRY v. NATIONAL BROADCASTING COMPANY, INC.

No. 72-1578.

480 F.2d 428 (1973)

Baxter BERRY, Appellee, v. NATIONAL BROADCASTING COMPANY, INC., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 13, 1973.


Attorney(s) appearing for the Case

Carleton G. Eldridge, Jr., New York City, for appellant.

Sam W. Masten, Canton, S. D., for appellee.

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


VAN SICKLE, District Judge.

This is a diversity action, premised on a "false light" invasion of privacy. The pertinent facts are:

On March 24, 1967, an Indian University student, Thomas White Hawk, killed a white jeweler, James Yeado, in the Yeado home in Vermillion, South Dakota. The killing was particularly brutal and, upon his plea of guilty, White Hawk was sentenced to death, which sentence was later commuted. The case received much local and national...

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