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HOFFMAN v. CAPITAL CITIES/ABC, INC.

Nos. 99-55563, 99-55686.

255 F.3d 1180 (2001)

Dustin HOFFMAN, Plaintiff-Appellee, v. CAPITAL CITIES/ABC, INCORPORATED, Defendant, and L.A. Magazine, Inc., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 6, 2001.

Attorney(s) appearing for the Case

Steven M. Perry, Munger, Tolles & Olson, Los Angeles, California, for the defendant-appellant.

Charles N. Shephard, Greenberg Glusker Fields Claman & Machtinger, Los Angeles, California, for the plaintiff-appellee.

Mark S. Lee, Manatt, Phelps & Phillips, Los Angeles, California, for amicus curiae Elvis Presley Enterprises, Inc.

Floyd Abrams and Landis C. Best, Cahill Gordon & Reindel, New York, New York, for amici curiae of Various Magazine and Newspaper Publishers, Broadcasters, Television Syndicators, and Media Associations.

Before: ROBERT BOOCHEVER, A. WALLACE TASHIMA, and RICHARD C. TALLMAN, Circuit Judges.

Argued and Submitted October 10, 2000 — Pasadena, California.

BOOCHEVER, Circuit Judge:

In 1982, actor Dustin Hoffman starred in the movie "Tootsie," playing a male actor who dresses as a woman to get a part on a television soap opera. One memorable still photograph from the movie showed Hoffman in character in a red long-sleeved sequined evening dress and high heels, posing in front of an American flag. The still carried the text, "What do you get...

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