Brown v. Chicago, Rock Island & Pacific Railroad Co.

JOHN W. OLIVER, District Judge.

This case pends on defendant’s motion for summary judgment. Plaintiff’s petition for damages for libel, removed to this Court from the State court, alleged that “on or about November of 1959 the defendant and its agent and servant, acting in the course and scope of his employment, one Herbert Mueller, did maliciously defame the plaintiff by making public to the plaintiff and others a writing * * *” etc.

Defendant’s motion for summary judgment alleged that the letter of April 16, 1958 (which allegedly stated that plaintiff “Brown ships loads of cattle which are…