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DAMON v. MOORE

No. 07-1365.

520 F.3d 98 (2008)

Peter J. DAMON; Jennifer Damon, Plaintiffs, Appellants, v. Michael MOORE; Harvey Weinstein; Robert Weinstein; Miramax Film Corp.; The Fellowship Adventure Group, LLC; Lions Gate Films, Inc.; IFC Films, LLC; Showtime Networks, Inc.; Cinemanow, Inc.; Westside Productions LLC (sued as Westside Productions Inc.); and NBC Universal, Inc. (sued as National Broadcasting Co., Inc.), Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 21, 2008.

Attorney(s) appearing for the Case

Donald J. Feerick, Jr., with whom Philip D. Moran and Feerick Lynch MacCartney PLLC, was on brief, for appellants.

Jonathan M. Albano, with whom Carol E. Head and Bingham McCutchen LLP, was on brief, for appellees.

Before TORRUELLA and HOWARD, Circuit Judges, and DELGADO-COLÓN, District Judge.

DELGADO-COLÓN, District Judge.

Plaintiff-appellant, Sergeant Peter J. Damon ("Damon"), a former Sergeant in the Army Reserves, appeals from the dismissal of his defamation claim stemming from the non-consensual use of an interview he conducted for NBC Nightly News ("NBC") in the documentary "Fahrenheit 9/11" ("documentary"). According to Damon, defendants-appellees ("Appellees"), and more specifically, Michael Moore ("Moore"), the creator, writer, director, producer...

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