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McCOLLUM v. BIRMINGHAM AGE-HERALD CO.

6 Div. 382.

65 So.2d 698 (1953)

James A. McCOLLUM v. BIRMINGHAM AGE-HERALD CO.

Supreme Court of Alabama.

Rehearing Denied May 28, 1953.

Attorney(s) appearing for the Case

Jas. A. McCollum, Tuscaloosa, pro se.

Deramus, Hawkins, Fitts & Mullins, Birmingham, for appellee.

Wilkinson & Skinner, Birmingham, amicus curiae.

BROWN, Justice.

This appeal is prosecuted by the plaintiff from the judgment of the Circuit Court of Jefferson County dismissing a suit filed by the plaintiff against appellee for libel, on the ground that the plaintiff failed, after notice, to appear and submit to an oral examination in a proceeding instituted by the defendant to perpetuate McCollum's testimony as a witness for use in said libel suit. The proceeding to perpetuate McCollum's testimony was instituted...

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