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WELLER v. HOME NEWS PUB. CO.

112 N.J. Super. 502 (1970)

271 A.2d 738

MARY B. WELLER, JOSEPH N. SEMPLE AND MARGARET M. SEMPLE, PLAINTIFFS, v. HOME NEWS PUBLISHING COMPANY, A NEW JERSEY CORPORATION, ST. PETER'S GENERAL HOSPITAL, A NEW JERSEY CORPORATION, AND JEFFREY MURRAY, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided December 10, 1970.

Attorney(s) appearing for the Case

Mr. Thomas E. Hood for plaintiffs (Messrs. Seaman and Clark attorneys).

Mr. Franz J. Skok for defendant Home News Publishing Company (Messrs. Seiffert, Frisch and Gruber, attorneys).

Mr. William R. Cohen for defendants St. Peter's Hospital and Jeffrey Murray (Messrs. Cohen, Hoagland, Cohen and Keefe, attorneys).

FURMAN, J.S.C.

Defendants move for summary judgment (R. 4:46). The complaint filed December 3, 1968 and the pretrial order entered September 12, 1969 allege libel of Mrs. Weller, who died on August 19, 1970, and of her daughter and son-in-law, Mr. and Mrs. Semple, and invasion of Mrs. Weller's right of privacy. The facts, which are substantially undisputed, are unusual.

Mrs. Weller in 1967 was a paying patient in defendant hospital suffering from a...

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