Yeager
Yeager v. CINGULAR WIRELESS LLC
Opinion
Opinion
Damrell, J.
MEMORANDUM AND ORDER
This matter comes before the court on defendant AT & T Mobility, LLC’s (“AT & T” or “defendant”) motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff General Charles E. “Chuck” Yeager (“Yeager” or “plaintiff’) opposes the motion. For the reasons set forth herein, defendant’s motion for summary judgment is DENIED.
BACKGROUND
This case arises out of the use of plaintiffs name in a publication issued by Cingular Wireless entitled “Cingular Wireless Announces Enhanced Emergency Preparedness Program for 2006 Hurricane Season” (the “Publication”). (UMF ¶ 1.) Plaintiff Yeager served in the United States Army Air Corps for many years. (Dep. of General Charles “Chuck” Yeager (‘Yeager Dep.”), Ex. B to Decl. of Steven E. McDonald (“McDonald Deck”) [Docket # 57], filed Oct. 13, 2009, at 13.) He was trained to be a combat pilot and a test pilot after enlisting at the age of eighteen. (Id.) On October 14, 1947, as part of the mission of the United States Air Force to try to break the sound barrier, Yeager was the first pilot to exceed the speed of sound. (Id. at 17-18.)