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The letter was signed in feminine hand, Marion Kerby. Marion Kerby was the feminine character in the motion picture being promoted. However, there was also

The letter was signed in feminine hand, Marion Kerby. Marion Kerby was the feminine character in the motion picture being promoted. However, there was also one Marion Kerby listed in the Los Angeles telephone directory at the time the letter was mailed. She received a large number of unwanted telephone calls and personal visits as a result of the letter. She was an actress, concert singer, and a person of good character and reputation. She became terribly excited, nervous, and unhappy; she had a feeling of disgrace and anguish; she was heartsick and didn't care what happened, whether she had the rest of a career or not; and her paid engagements in the previous twelve months had been fifteen, but after the publication dwindled down to only two engagements in the following seventeen months. She sued for invasion of her right to privacy. The defendant contends there was nothing salacious, suggestive, or immoral about the letter and that it is plainly an advertisement and should have been so regarded by any reasonable person receiving it. You are the judge in this case.

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