JACOBSEN v. DESERET BOOK CO.

Nos. 01-4027, 01-4036.

287 F.3d 936 (2002)

Gene S. JACOBSEN, Plaintiff-Appellant and Cross-Appellee, v. DESERET BOOK COMPANY, a Utah corporation; Dean Hughes, Defendants-Appellees and Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

April 19, 2002.


Attorney(s) appearing for the Case

Brent O. Hatch (Mark R. Clements with him on the briefs) of Hatch, James & Dodge, Salt Lake City, UT, for Plaintiff-Appellant and Cross-Appellee.

Mary Anne Q. Wood (Kathryn O. Balmforth of Wood Crapo LLC with her on the briefs for Defendant-Appellee and Cross-Appellant Deseret Book Company, and Kent B. Linebaugh of Jones, Waldo, Holbrook & McDonough with her on the briefs for Defendant-Appellee and Cross-Appellant Dean Hughes) of Wood Crapo LLC, Salt Lake City, UT, for Defendants-Appellees and Cross-Appellants.

Before KELLY, Circuit Judge, BRORBY, Senior Circuit Judge, and MURPHY, Circuit Judge.


BRORBY, Senior Circuit Judge.

I. Introduction

Dr. Gene S. Jacobsen was a prisoner of war in the Philippines and Japan during World War II. After returning from military service, Dr. Jacobsen wrote his personal memoir entitled Who Refused to Die. In gripping detail, Who Refused to Die recounts Dr. Jacobsen's survival of the Bataan Death March and subsequent years of imprisonment and torture in various work camps.

In 1997, Deseret Book...

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