Joseph H. Proctor, as Administrator, C/t/a of the Estate of Pinkie Sutton, Deceased v. J. C. Gissendaner

The sole question before us is whether Title 12, Code of Alabama, Section 12-22-72 (1975) is applicable in a diversity case by virtue of the Erie doctrine. 1 Erie R.R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938). This action is the product of our previous decision in Proctor v. Gissendaner, 579 F.2d 876 (5th Cir. 1978). In that case, this Court, applying Alabama law, affirmed a District Court award of $40,000 in favor of plaintiff, administrator cum testamento annexo of the estate of Pinkie Sutton, for damages due to slander of title.

Comes now the successful…