- The Atlanta Journal-Constitution is reporting that the family of Nancy Benoit has won one battle against Hustler Magazine for publishing nude photos of Nancy when she was younger months after she, along with her son, were murdered by Chris Benoit.

While the original Judge sided with Hustler, the US Court of Appeals over turned the decision.

After Hustler published the magazine in March 2008 with photos taken in 1983 her family filed the lawsuit saying Hustler had no right to publish them.

The first Judge said that the photos were news related and ruled against the Toffoloni's. The appeals Judge however did not agree saying that the photos served no legitimate purpose.

There was no compensation to her parents from any of the sales of the magazine. Hustler will probably appeal the decision.

You can see two photos from the spread here.