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UNHAPPY BIRTHDAY

Lawyers for Robert De Niro are preparing to file a $1 million lawsuit against Celebrity Vibe photo agency, claiming it sold unauthorized pics of De Niro and fellow thesp Sean Penn at a private birthday party last year in Manhattan. De Niro and Penn share the same birthday — Aug. 17. Celebrity Vibe co-owner Jeffrey Boyard insists, "Our photographer was invited."

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Lawyers for Robert De Niro are preparing to file a $1 million lawsuit against Celebrity Vibe photo agency, claiming it sold unauthorized pics of De Niro and fellow thesp Sean Penn at a private birthday party last year in Manhattan. De Niro and Penn share the same birthday — Aug. 17. Celebrity Vibe co-owner Jeffrey Boyard insists, "Our photographer was invited."