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FRAZIER v. TURNING STONE CASINO

No. 5:02CV131(FJS/GJD).

254 F.Supp.2d 295 (2003)

Joseph (Smokin' Joe) FRAZIER, and Rubin Mark, Inc., Plaintiffs, v. TURNING STONE CASINO; Oneida Indian Nation; Chief Ray Halbritter, as an individual and a representative of the Oneida Indian Nation; Edward Brophy, acting individually as a Boxing Promoter in connection with Turning Stone Casino and as a representative of the International Boxing Hall of Fame; Dwayne Stitzer, as an Individual and Marketing Manager, Turning Stone Casino; and the International Boxing Hall of Fame, an offreservation entity, controlled by Edward Brophy, Defendants.

United States District Court, N.D. New York.

March 31, 2003.

Attorney(s) appearing for the Case

The Bullard Law Group, Rochester, New York, for Plaintiffs, H. Todd Bullard, of counsel.

Mackenzie Hughes LLP, Syracuse, New York, for Defendants Oneida Indian Nation, Turning Stone Casino, Chief Ray Halbritter, and Dwayne Stitzer, Peter D. Carmen, of counsel.

Zucker Spaeder LLP, Washington, D.C., for Defendants Oneida Indian Nation, Turning Stone Casino, Chief Ray Halbritter, and Dwayne Stitzer, William W. Taylor, III, Michael R. Smith, David A. Reiser, of counsel.

Hancock & Estabrook, LLP, Syracuse, New York, for Defendants Brophy and International Boxing Hall of Fame, Timothy P. Murphy, of counsel.

MEMORANDUM-DECISION AND ORDER

SCULLIN, Chief Judge.

I. INTRODUCTION

Plaintiffs' amended complaint asserts three causes of action, all of which are premised upon Defendants' alleged violation of New York Civil Rights Law §§50 and 51. The first cause of action, asserted against all Defendants, asserts that Defendants injured Plaintiff Frazier by misappropriating his image and likeness for advertising and promotional purposes in violation...

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