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MARTIN v. MUNICIPAL PUBLICATIONS

Civ. A. No. 79-3940.

510 F.Supp. 255 (1981)

Joseph MARTIN & Margaret Martin, h/w v. MUNICIPAL PUBLICATIONS t/a Philadelphia Magazine.

United States District Court, E. D. Pennsylvania.

March 31, 1981.

Attorney(s) appearing for the Case

Doris J. Dabrowski, Ronald I. Rosen, Philadelphia, Pa., for plaintiffs.

David H. Marion, Kohn, Savett, Marion & Graf, Philadelphia, Pa., for defendant.

MEMORANDUM

CLIFFORD SCOTT GREEN, District Judge.

In its January 1, 1979 issue defendant Philadelphia Magazine published a photograph of plaintiff Joseph Martin wearing his Mummer's costume.1 The photograph bore the following caption:

Dead animal of the month A New Year's tribute here to all the ostriches who gave their tails to make the world free for closet transvestites from South Philly to get themselves...

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