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BOCKORNY v. MIDNIGHT PUBLISHING CORPORATION

No. 72-C-524.

352 F.Supp. 1093 (1972)

Michael BOCKORNY, a minor, by Louis Bockorny, his next friend, Plaintiff, v. MIDNIGHT PUBLISHING CORPORATION, a foreign corporation, Defendant.

United States District Court, E.D. Wisconsin.

December 29, 1972.

Attorney(s) appearing for the Case

Esler & Esler by John E. Esler, Kaukauna, Wis., for plaintiff.

Jack J. Gimbel, Milwaukee, Wis., for defendant.

DECISION AND ORDER

MYRON L. GORDON, District Judge.

This diversity action involves a libel claim based upon the publication of an article utilizing a news photograph of the plaintiff. The complaint states that the plaintiff, a normal, healthy child, was photographed by a news photographer in Appleton, Wisconsin, while receiving an inoculation as part of a school health program. It is alleged that his picture was subsequently taken from a national wire service...

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