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BIRMINGHAM POST COMPANY v. BROWN

No. 15024.

217 F.2d 127 (1954)

BIRMINGHAM POST COMPANY, Appellant, v. Christina BROWN, Appellee.

United States Court of Appeals Fifth Circuit.

November 24, 1954.

Attorney(s) appearing for the Case

Kenneth Perrine, Birmingham, Ala., Leader, Tenenbaum, Perrine & Swedlaw, Birmingham, Ala., for appellant.

D. G. Ewing and Earl McBee, Birmingham, Ala., for appellee.

Before BORAH, RIVES and TUTTLE, Circuit Judges.

TUTTLE, Circuit Judge.

Plaintiff brought this action on December 22, 1952, claiming compensatory and punitive damages on five counts of libel, invasion of the right of privacy, and conspiracy to defame. Defendant moved to dismiss the complaint on the ground, among several others, that there was no diversity of citizenship.1 This motion was denied without any affidavits or evidence having been taken, and defendant then filed an answer,...

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