Albert Miller & Co. v. Corte

1 think the judgment of the district court should be affirmed. Under the case of Erie Railroad Company v. Tompkins,1 we are bound by the Alabama law, which is so clear, full, and explicit as to render it unnecessary for us to look elsewhere for guidance.

The principal question on this appeal is whether or not the alleged publication was libellous per se. That issue was presented with meticulous care by the complaint; it was met pointedly by the demurrer; it was decided by the court below before the new federal rules of civil procedure became effective, 28 U.S.C.A. following section 723c; and,…