BUTTS v. WEISS

SC 2348.

346 So.2d 422 (1977)

John B. BUTTS v. Sanford D. WEISS, etc.

Supreme Court of Alabama.

May 20, 1977.


Attorney(s) appearing for the Case

John W. Kelly III, Jackson & Sikes, Selma, for appellant.

Charles A. Stakely, Jr. and Thomas H. Keene, Montgomery, for appellee.


BLOODWORTH, Justice.

This appeal raises the question as to whether, in an action for slander based on the assertion that plaintiff was not a duly qualified and licensed attorney, plaintiff must specifically allege that he is "actively engaged in the practice of law" in order to withstand a Rule 12(b)(6) ARCP motion.

We answer in the negative and hold that, in this case, the allegations of the complaint are sufficient to show plaintiff's profession without...

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