Goldman

OPINION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

On June 4, 1969, plaintiffs filed a Complaint in the state courts of Califor nia seeking damages for invasion of privacy, fraud, negligent misrepresentation, and money had and received. The action was properly removed to this court, and on August 20, 1969, defendant Time, Inc. (“Time”) filed its Answer. Time is the only defendant now left in the action.

This action arises from the publication in Life Magazine of certain pictures of and text about plaintiffs concerning their sojourn in caves in the village of Matala on the Island of Crete. The publication in question, dated July 19, 1968, portrays the plaintiffs on its cover under the words, “YOUNG AMERICAN NOMADS ABROAD.” To the side of the picture of plaintiffs appears the caption, “Two Californians at home in a cave in Crete.”

Beginning on page 20 of said publication there appears an article entitled “CRETE: A STOP IN THE NEW ODYSSEY,” along with the subtitle, “A restless generation of U.S. youth roams abroad.” The article consists of pictures of people in and about the caves of Matala as well as text about Matala and about the nature and attitudes of those…