The Nation

Ex-Secretary of State Henry A. Kissinger failed to stop distribution of the December issue of Penthouse containing an interview with him and filed a $10-million suit against the magazine and the interviewer. A judge ruled that it was too late to grant a restraining order because some copies were already on newsstands. Kissinger said he had understood that the interview would be used only as part of a book on statesmen. He said use in a magazine infringed on his agreement with the Los Angeles Times, for which he is a syndicated columnist, and, he added, "I don't wish to appear in Penthouse," a magazine known for depicting nudity.

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