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FACTORS ETC., INC. v. PRO ARTS, INC.

No. 503, Docket 80-7692.

652 F.2d 278 (1981)

FACTORS ETC., INC. and Boxcar Enterprises, Inc., Plaintiffs-Appellees, v. PRO ARTS, INC. and Stop and Shop Companies, Inc., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 29, 1981.

Attorney(s) appearing for the Case

William J. Davis, New York City (Charlotte A. W. Pfahl, Alice B. Newman and Schulman Berlin & Davis, P.C., New York City, on the brief), for appellants.

Michael C. Silberberg, New York City (Donald F. Schneider and Golenbock & Barell, New York City, Arthur Fields and Ervin, Cohen & Jessup, Beverly Hills, Cal., on the brief), for appellees.

Before MANSFIELD and NEWMAN, Circuit Judges, and CARTER, District Judge.

NEWMAN, Circuit Judge:

The merits of this appeal concern the interesting state law question whether a person has a protected interest in publicizing his name and likeness after his death, or, as the matter has been put, is there a descendible right of publicity?1 Despite the fascination of this question, what divides the members of this panel and forms the basis for the majority's disposition of this appeal is the more esoteric question...

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