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MARTIN LUTHER KING, ETC. v. AMERICAN HERITAGE PROD.

No. 81-7264.

694 F.2d 674 (1983)

The MARTIN LUTHER KING, JR., CENTER FOR SOCIAL CHANGE, INC.; Mrs. Coretta Scott King, Administratrix of the Estate of Dr. Martin Luther King, Jr., Deceased; and Motown Record Corporation, Plaintiffs-Appellants, v. AMERICAN HERITAGE PRODUCTS, INC.; B & S Sales, Inc., a/k/a B & S Sales; and James E. Bolen and James F. Bolen, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 3, 1983.

Attorney(s) appearing for the Case

Ruppert, Bronson & Chciarelli, James D. Ruppert, Franklin, Ohio, for defendants-appellees.

Harmon, Smith & Bridges, Archer D. Smith, III, Atlanta, Ga., for plaintiffs-appellants.

Before HENDERSON and CLARK, Circuit Judges, and TUTTLE, Senior Circuit Judge.

PER CURIAM:

In our previous consideration of this case, The Martin Luther King, Jr., Center for Social Change, Inc. v. American Heritage Products, Inc., No. 81-7264 (11th Cir., Apr. 1, 1982), we certified the following questions to the Supreme Court of Georgia pursuant to Georgia Code Annotated § 24-3902 permitting such procedure:

(1) Is the "right to publicity" recognized in Georgia as a right distinct from the right to privacy?

(2) If...

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