◆ SpookStack

CG 62-4098 and the statuatory law of Illinois no cause of action e%-p- for violation of privacy exists. As to this Count ba JOHNSTONE ended his motion with the following paragraphi Lo "It affirmatively appears from the face of ee said complaint that the plaintiff, "Jake the Barber": (950 00-2 UY. FACTOR, is not the type of person with respect to whom any right of privacy is or could be recognized OF lawfully invaded.” 0-00, 6 7 oe et ES Oo! On January 4, 1960, Attorney ROBERT B, JOHNSTONE, . . in behalf of defendant RAY BRENNAN, filed a motion to es dismiss an answer to the complaint and a counterclaim —_—j , in which BRENNAN demands damages in the amount of $150,000.00... . fhe motion to dismiss is based upon the same grounds aw . # © the same motion filed by JOHNSTONE in behalf of the _ “ Merrick Lithograph Company. The counterclaim alleges ~~ that BRENNAN's reputation for accurate and excellent os reporting is of the highest caliber. It goes into the =~ description of the publicity given the book, "The Stolen Years" and the fact that he was a co-author. Because of this publicity the public knew that he was responsible for things stated in this book with reference to the plaintiff, FACTOR. The counterclaim alleges that FACTOR on November 23, 1959, willfully and maliciously with the intent to ruin BRENNAN's reputation as a reporter and his character and integrity, threatened to sue all who had any hand in dis- tributing this book. A similar threat was made by FACTOR . against NBC, CBS and ABC, inferring that BRENNAN had libeled FACTOR and thus damaging BRENNAN's reputation and depriving ~ him of substantial royalties which otherwise might have been received from the sale of this book. Because of the threat | against NBC, CBS and ABC several television appearances in behalf of the book that had been scheduled by BRENNAN were cancelled by the networks. BRENNAN, in his counterclaim, estimates that this resulted in a loss of the sale of -—= | approximately 100, 000copies of the book which in the contracted royalty payable to BRENNAN totaled $25,000.00... ss. The counterclaim makes malice the gist of this action and the prayer sets damages in the amount of =. $150,000.00 and in the event these damages are not paid re quests:m order. by the court taking custody of the person of FACTOR. -~3- cm ee pe me pt men Sen ee mT ee me