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"Pennington Press moved to dismiss Count 2 and answered ..: so Merrick Lithograph Company. - 902) oo f.3. CG 62-4098 Chet a ST es ST Ye Rite te Stree ear tnt se Be RET cane oe band 3-? ~""“on the game grounds Merrick Lithogra Count 2 by saying that it denies that the plaintiff 4g oe ‘ - @ gitizen of the United Kingdon and avers that there ~ - is no separate entity as the Pennington Press, Incorporated, © - but that actually Pennington Press is a division of the ==. + 2 These defendants deny that TOUHY at all the | | times alleged in paragraph 1, Count 2 of the complaint ie was serving any purported sentence for allegedly kid- napping the plaintiff because he was discharged from — ' guch sentence on October 28, 1959; and they deny this 9°) judgment or conviction was in full force and effect and had never been set aside. In support of this the. To, defendants referred to Judge BARNES' Findings of Fact =" and Law at the Habeas Corpus hearings dated August 9, 1954, ' Phe defendants admit the allegations of paragraphs 2, 3, 4 and 5 of Count 2 of the complaint but deny that the defendant "Easy Street" sold large quantities of the book entitled "The Stolen Years" but admitted that defendant gold some. Paragraph 7 of Count 2 does not refer ~~. to these defendants but denies paragraph 8 and aver that = at all times he was mentioned in the book the plaintif£g was an internationally knowand notorious swindler, con man _ and gambler and was at all times mentioned a fugitive from — the United Kingdom. The defendants deny the falsity of any statement against the plaintiff in the book avering that such statements were and are true. The damage to the - .. plaintiff's reputation is also denied. The answer alleged. that not only were all things said about "Jake the Barber" i FACTOR true but they were published in good faith in - reliance upon Judge BARNES' Memorandum Opinion which was ~ filed in the United States District Court at Chicago. . =. On August 9, 1954. The answer follows this by stating that §..- the statements referring to the plaintiff were privileged §.. as a fair and accurate report and comment upon facts found ‘and evidence adduced in a judicial proceeding. | : The defendants moved to dismiss Count 3 on the grounds that no unauthorized use of a photograph of "Jake the Barber" FACTOR was made and hence under both common law or rd Se ee EO No ace Dai eas a i ona ee rere