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PIRONE v. MacMILLAN, INC.

No. 461, Docket 89-7750.

894 F.2d 579 (1990)

Dorothy Ruth PIRONE, Julia Ruth Stevens, Babe Ruth League, Incorporated and Curtis Management Group, Incorporated, Plaintiffs-Appellants, v. MACMILLAN, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 29, 1990.

Attorney(s) appearing for the Case

W. Mack Webner, Washington, D.C. (Baker & Hostetler, Wash., D.C.; Bryan, Levitin, Franzino & Rosenberg, New York City, of counsel), for plaintiffs-appellants.

Richard M. Constantine, New York City (Jerry S. Birenz, Sabin, Bermant & Gould, Jan F. Constantine, New York City, of counsel), for defendant-appellee.

(R. Bruce Rich, Gregory S. Shatan, Weil, Gotshal & Manges, New York City, submitted a brief for amicus curiae Association of American Publishers, Inc.)

Before KAUFMAN, NEWMAN and WINTER, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

For almost a century and a half, baseball has been central to our common American heritage. The "National Pastime" has become a part of the national character and, to an extent, it belongs to all of us. Baseball's great players are public icons. But, to varying degrees, their names and pictures are also valuable commodities owned by persons anxious to prevent any unauthorized use of their property. This case forces us to assay the...

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