Banks v. King Features Syndicate, Inc.

CONGER, District Judge.

A woman, resident in Oklahoma, sues two New York corporations to recover money damages for the alleged invasion of her right of privacy. The defendants, before answer, challenge the sufficiency of the complaint, on the ground that it fails to state a claim upon which relief can be granted. Rule 12(b) (6), (d), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

For the purpose of this motion, the following facts must be assumed:

In November, 1936, the plaintiff consulted two osteopathic physicians and surgeons at Tulsa, Oklahoma, who, in the course of…