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Torts Keyed to Epstein
Flake v. Greensboro News Co
Facts
Plaintiff, an actress in the Folies de Paree stage show, found a picture of herself standing and wearing a bathing suit in conjunction with an advertisement for Melts Bakery in the Greenboro Daily News. Defendants had intended to use the picture of the leading lady of Folies de Paree, rather than that of Plaintiff. Once the mistake was brought to its attention, Defendant published a full explanation of the mistake and an apology. Plaintiff brought suit for libel and unauthorized use of her image. The trial judge directed a judgment of nonsuit against the Plaintiff, and Plaintiff appealed.
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