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ACME CIRCUS OPERATING CO., INC. v. KUPERSTOCK

No. 82-5585.

711 F.2d 1538 (1983)

ACME CIRCUS OPERATING CO., INC., a Florida corporation, Plaintiff-Appellee, v. Jane Beatty KUPERSTOCK, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 15, 1983.

Attorney(s) appearing for the Case

Robert M. Todd, Mattson, McGrady & Todd, St. Petersburg, Fla., for defendant-appellant.

Trenam, Simmons, Kemker, Scharf, Barkin, Frye & O'Neill, Stanley H. Eleff, Keith E. Rousaville, Tampa, Fla., for plaintiff-appellee.

Before RONEY and KRAVITCH, Circuit Judges, and TUTTLE, Senior Circuit Judge.

KRAVITCH, Circuit Judge:

This diversity action, involving survivability of the right of publicity of a person's name, presents a choice of law problem and a need to interpret state law. We conclude that the court below erred in granting summary judgment and reverse and remand.

This litigation resulted from a dispute between appellees, Acme Circus and Gerald Collins, Acme's owner, and appellant Jane Beatty Kuperstock, widow of Clyde Beatty, over the right of...

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