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Dane/Gayheart Sue Over Nude Romp Video

9/23/2009 5:53 PM PDT BY TMZ STAFF

Eric Dane/ Rebecca Gayheart Eric Dane and Rebecca Gayheart are looking to settle the score with the website that published their naked non-sex threesome tape.

Dane and Gayheart filed a lawsuit today in L.A. County Superior Court, claiming Gawker.com had not only unlawfully posted almost 4 minutes of the private video that was shot behind closed doors, but "maliciously" distributed the video and included nude shots of the fabulous threesome -- the third wheel was former beauty queen Kari Ann Peniche.

Dane and Gayheart want more than $1 million in damages. Their lawyer -- legal pit bull Marty Singer -- is also asking for an injunction to pull the plug on the video.

UPDATE: 5:30 PM ET:
Gawker's publisher, Nick Denton, just twittered his response to the lawsuit: "To quote the great Marty Singer -- Eric Dane's lawyer -- if you don't want a sex tape on the internet, 'don't make one!'"

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