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SHIBLEY v. TIME, INC.

No. 915,246.

40 Ohio Misc. 51 (1974)

SHIBLEY v. TIME, INC., ET AL.

Common Pleas Court of Cuyahoga County.

Decided May 14, 1974.

Attorney(s) appearing for the Case

Mr. John C. Lancione, for plaintiff Norman W. Shibley.

Mr. David M. King, for intervenor Joseph Kalk.

Mr. Harry C. Kester and Mr. David C. Weiner, for defendant Playboy Enterprises, Inc.

Mr. Ezra K. Bryan and Mr. Don M. Pace, for defendants Time, Inc. and Esquire, Inc.

Mr. George F. Karch and Mr. Alan R. Lepene, for defendants Downe Publishing Inc. and Downe Communications, Inc.

Mr. Ellis M. McKay, Mr. Robert J. Hoerner and Mr. Bruce J. Havighurst, for defendant American Express Company.

FINK, J.

This action comes before the court on defendants' motions to dismiss the complaint of the plaintiff and the cross-claim of the intervenor on the ground that they have failed to state a claim upon which relief can be granted.

The plaintiff's amended complaint and the intervenor's cross-claim, the material allegations of which are deemed to be true for purposes of ruling on the defendants' motions for dismissal...

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