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D published a photograph of P taken during a high school soccer game. The photograph accurately depicted P and a student from the opposing school running full stride and chasing a soccer ball. The picture shows P's genitalia which happened to be exposed at the exact moment that the photograph was taken. D published the picture with an article reporting on the soccer game. P sued D for the invasion of his privacy. P claims D could have easily used another photo. D moved for summary judgment. It was granted and P appealed.

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