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063357P.pdf   10/16/2007  C.B.C. Distribution  v.  Mjr. League Baseball
   U.S. Court of Appeals Case No:  06-3357
                          and No:  06-3358
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Arnold, Author, with Chief Judge Loken and Colloton,
   Circuit Judges]
   Civil Case - declaratory judgment - publicity rights. Use of baseball
   players' identities in fantasy baseball products for purposes of profit
   violates player's right of publicity under Missouri law, but First
   Amendment trumps state law right of publicity. District court erred in
   holding the no-use and no-challenge provisions of contract were
   unenforceable under section 1(b) of the agreement. Contested contract
   terms are unenforceable, however, under warranty of title provision
   section 8(a). Judge Colloton dissents on breach of contract issue.