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GRODEN v. RANDOM HOUSE, INC.

No. 1678, Docket 94-9100.

61 F.3d 1045 (1995)

Robert J. GRODEN, Plaintiff-Appellant, v. RANDOM HOUSE, INC., The New York Times Company, Inc., The New York Times Sales, Inc., and Gerald Posner, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 28, 1995.

Attorney(s) appearing for the Case

Roger Bruce Feinman, New York City, for plaintiff-appellant.

Victor A. Kovner, New York City (Alexandra Nicholson, Lankenau Kovner & Kurtz, New York City; Lesley Oelsner, Associate Gen. Counsel, Random House, New York City; George Freeman, Kenneth A. Richieri, Asst. Gen. Counsel, The New York Times Co., New York City, on the brief), for defendants-appellees.

Before NEWMAN, Chief Judge, FEINBERG and PARKER, Circuit Judges.

JON O. NEWMAN, Chief Judge:

This appeal pits a book publisher's right to advertise a book against Lanham Act and state-law privacy claims asserted by an author of another book whose name, picture, and quotation are displayed in the ad. The lawsuit arises in the emotionally charged context of the lingering controversy as to whether the assassination of President John F. Kennedy was the work of a lone gunman or the result of a conspiracy. Plaintiff-appellant Robert...

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