◆ SpookStack

ae en ne OEE Ie TESOL OUT ae NO EESUEN DS SST SONT UDOT “. . ° a panne A ae en 4 - ot < fe nal de Fanci oo Ge an ne ne ne £ ee. . : Mr. Mm (‘A : Kin Claim Capone} Mr, Pri te Mr. W.C.fullivan Untouchable On TV te Ree So Sue For Million! - | ' Chicago, Dec. 30.—Is the late Al ‘ Capone untouchable if his career is “fictionalized” to the alleged detriment of his estate? _ That’s the core of a $1,000,000 damage suit filed in Cook coun ~~ _(Chi) Superior Court this wee aes Miss Gandy. t: Desily Productions, CB TV, end thee Westanise. oe e ~V me ae cera as stemming from the two-part “U touchables” teledrama shown le April and repeated in October. The action was taken in behalf of Capone's sister, Mrs, Mafalda Maritote of Chicago. Attorney Lil ' ‘Harold R. Gordéti, who says ni- ther she nor other Capone heirs were consulted about the program, said the suit is based on the ques- tion of property rights, and not on invasion of privacy. Courts, he , explained, have held the latter claim is not “relational,” meaning that a deceased person’s privacy | we eo ne een Aw ‘ cannot be extended to'a live heir not depicted. The property rights test, however, has previously been : upheld by a Federa judge. : It appears a key issue will be ; just how “fictional” the Desilu pre- ‘ sentation was, According to the lawyer, the program showed Capone in several relationships with femmes that either weren’t we true or are unprovable. The two- : . parter, said Gordon, made use of the Capone likeness and inter- mingled fact and fancy that dam- aged the onetime mob chieftain’s estate. Mrs. Maritote was named its administrator last fall express- ly to push the suit. Gordon said a similar action will be taken against Allied Artists for their “Al Capone” theatrical re- Jease unless current negotiations reach a settlement. The Capone suit asks $500,000 _from Desilu, and $250,000 each - ‘fgamCRS and sponsor Westi e, _ Co yp ate |__. aracarray a : 7 Fl eS DAILY VARIETY 25 00 ~ oe » BU AN291960 eg