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GEISLER v. PETROCELLI

No. 284, Docket 79-7490.

616 F.2d 636 (1980)

Melanie GEISLER, Plaintiff-Appellant, v. Orlando R. PETROCELLI and Pinnacle Books, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 3, 1980.

Attorney(s) appearing for the Case

Daniel J. Kornstein, New York City, for plaintiff-appellant.

Richard M. Messina, New York City (Joseph E. Guimera, New York City, of counsel), for defendant-appellee Petrocelli.

Irwin H. Haut, New York City (Roberta Ashkin, Morris, Duffy, Ivone & Jensen, New York City, of counsel), for defendant-appellee Pinnacle Books, Inc.

Before MESKILL and KEARSE, Circuit Judges, and DOOLING, District Judge.

MESKILL, Circuit Judge:

Melanie Geisler appeals from a judgment dismissing the diversity action she had commenced against author Orlando Petrocelli and his publisher, Pinnacle Books, Inc., for libel and violation of certain rights of privacy guaranteed under New York State statutes and the common law. The district court had so ruled pursuant to appellees' motions made under Rule 12(b)(6), Fed.R.Civ.P., on the ground that her complaint did not adequately aver that...

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