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EIMANN v. SOLDIER OF FORTUNE MAGAZINE, INC.

Civ. A. No. H-87-0030.

680 F.Supp. 863 (1988)

Marjorie A. EIMANN, Individually, as Next Friend of Gary Wayne Black, and as Representative of the Estate of Sandra Kay Black, Deceased, and Glenn G. Eimann, Plaintiffs, v. SOLDIER OF FORTUNE MAGAZINE, INC., and Omega Group, Ltd., Defendants.

United States District Court, S.D. Texas, Houston Division.

March 8, 1988.

Attorney(s) appearing for the Case

Ronald G. Franklin, Graham Hill, Hill, Parker, Franklin, Cardwell & Jones, Houston, Tex., for plaintiffs.

Larry D. Thompson, Lorance & Thompson, Houston, Tex., Robert M. Callagy, Satterlee, Stephens, Burke & Burke, New York City, Robert B. Miller, Miller, Hale & Harrison, Boulder, Colo., for defendants.

MEMORANDUM OPINION AND ORDER

HITTNER, District Judge.

This is a wrongful death and survival action. Plaintiffs Marjorie A. Eimann and Gary Wayne Black are suing in their capacity as the mother and son of the deceased, Sandra Black. Former Plaintiff Glenn G. Eimann, father of the deceased, has nonsuited.

In 1984, Defendant Soldier of Fortune ran personal services advertisements which Plaintiffs allege were thinly veiled offers of the services of hit...

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