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PRING v. PENTHOUSE INTERN., LTD.

No. 81-1480.

695 F.2d 438 (1982)

Kimerli Jayne PRING, Plaintiff-Appellee, v. PENTHOUSE INTERNATIONAL, LTD., a New York corporation, and Philip Cioffari, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied January 11, 1983.

Attorney(s) appearing for the Case

Thomas B. Kelley of Cooper & Kelley, P.C., Denver, Colo., Norman Roy Grutman of Grutman & Miller, New York City (Frank R. Kennedy of Cooper & Kelley, P.C., Denver, Colo., and Carmichael, McNiff & Patton, Cheyenne, Wyo., with them on brief), for defendants-appellants.

G.L. Spence of Spence, Moriarity & Schuster, Jackson, Wyo. (Edward P. Moriarity, Robert P. Schuster, and Robert N. Williams, Jackson, Wyo., with him on brief), for plaintiff-appellee.

R. Bruce Rich, New York City, filed a brief on behalf of amicus curiae Ass'n of American Publishers, Inc., Lauren W. Field and Yvette Miller of Weil, Gotshal & Manges, New York City, of counsel.

Jack C. Landau, Sharon P. Mahoney, and Clemens P. Work, Washington, D.C., filed a brief on behalf of amicus curiae Reporters Committee for Freedom of the Press.

Irwin Karp, New York City, filed a brief on behalf of amicus curiae The Authors League of America, Inc.

Before SETH, Chief Judge, and BREITENSTEIN and LOGAN, Circuit Judges.

SETH, Chief Judge.

This defamation case concerns an article which appeared in defendant's magazine Penthouse. It was written about a "Charlene," a Miss Wyoming at the Miss America contest and about the contest. The defendants argue that the story is a spoof of the contest, ridicule, an attempt to be humorous, "black humor," a complete fantasy which could not be taken literally.

The basic question which had to be resolved at the trial was in two parts...

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