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The state 2nd District Court of Appeal has upheld a 1986 lower-court decision dismissing a suit against Ozzy Osbourne that blamed the rocker’s lyrics for the suicide of a Riverside County teen-ager. Superior Court Judge John Cole’s dismissal in December, 1986, was justified because Osbourne and CBS Records Inc. are protected from the suit by free-speech rights guaranteed by the U.S. Constitution, the court said in its statement on the case, released Tuesday. According to the original suit, John Daniel McCollum listened repeatedly to Osbourne’s records--including the song “Suicide Solution”--in his Indio home on the night of Oct. 26, 1984, before shooting himself in the head. McCollum’s parents, Jack McCollum and Geraldine Lugenbuehl, pursued a wrongful death and negligence action against Osbourne and CBS, his record label. And their attorney, Thomas Anderson, vowed to continue the action. “There’s no question we’re going to the California Supreme Court,” Anderson said. “I think the decision is wrong and the Supreme Court will see it was wrong.”
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