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FITCH v. VOIT

1920711.

624 So.2d 542 (1993)

Cynthia FITCH, et al. v. Stan VOIT, et al.

Supreme Court of Alabama.

July 23, 1993.

Attorney(s) appearing for the Case

Ernestine S. Sapp and Stanley F. Gray of Gray, Langford, Sapp, McGowan & Gray, Tuskegee, for appellants.

James C. Barton, Gilbert E. Johnston, Jr. and Hollinger F. Barnard of Johnston, Barton, Proctor, Swedlaw & Naff, Birmingham, for Stan Voit, The Lee County Eagle and The Auburn Bulletin, Inc.

John V. Denson of Samford, Denson, Horsley, Pettey & Martin, Opelika, for East Alabama Medical Center and Nancy Penaskovic.

SHORES, Justice.

A photograph was published on the front page of the March 6, 1991, issue of The Lee County Eagle newspaper depicting Mary Fitch lying in a bed at the East Alabama Medical Center and describing her as dying of cancer. When the photograph was published, Mary Fitch had been dead for two years. In February 1992, several members of Mary Fitch's family1 sued the newspaper and other named defendants,2...

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