Tademy v. Scott, 11477.

Decision Date23 October 1946
Docket NumberNo. 11477.,11477.
Citation157 F.2d 826
PartiesTADEMY v. SCOTT et al.
CourtU.S. Court of Appeals — Fifth Circuit

J. F. Kemp and J. M. Johnson, both of Atlanta, Ga., Ross R. Barnett, P. Z. Jones, and John E. Stone, all of Jackson, Miss., for appellant.

W. Colquitt Carter and Shepard Bryan, both of Atlanta, Ga., for appellees.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.

McCORD, Circuit Judge.

Edward Tademy, a resident of Mississippi, brought action for damages for libel against C. A. Scott, administrator, and others, residents of Georgia. The two newspaper articles upon which action was predicated appeared on successive weeks in the Jackson Advocate, a paper for negroes, edited, circulated, and sold in Jackson, Mississippi, and vicinity by one Percy Green. The Jackson Advocate was listed and recognized by the Scotts as a member of their "Scott Newspaper Syndicate", and the editions in question were printed at the Scott plant in Atlanta, Georgia.

Among other asserted defenses, the Scotts sought to have the action dismissed on the ground that notice and opportunity for retraction and apology had not been given by Tademy as required by the Georgia statute governing libel actions against newspapers. Georgia Code, Sections 105-712, 105-713. Decision on this point of law was reserved by the trial judge and the parties proceeded with the introduction of evidence. Trial was had without a jury, and at the conclusion of the trial the court entered findings of fact and conclusions of law, and entered judgment for the defendants. In addition to findings on the merits, the court concluded that the failure of Tademy to give notice as required by the Georgia statute precluded recovery by him.

We shall not discuss the evidence or the findings made on the merits, for we are of opinion that the issues could not be developed until decision was made as to the applicability of the Georgia notice statute.

It is clear that the libellous articles were prepared and written by Percy Green in Jackson, Mississippi; that the matter was printed by the Scotts in Atlanta, Georgia; and that circulation and distribution of the newspapers was made in Mississippi.

Jurisdiction of the federal court sitting in Georgia was obtained because of the diversity of citizenship of the parties. Is the Georgia notice statute applicable?

In diversity of citizenship cases the conflict of law rules applied by federal courts must conform to those prevailing in the state courts. "Otherwise the accident of diversity of citizenship would constantly disturb equal administration of justice in coordinate state and federal courts sitting side by side." Klaxon Co. v. Stentor Mfg. Co., 313 U.S. 487, 496, 61 S.Ct. 1020, 1021, 85 L.Ed. 1477. In actions such as this, the local policy of the state must be considered. Griffin v. McCoach, 313 U.S. 498, 61 S.Ct. 1023, 85 L.Ed. 1481, 134 A.L.R. 1462. Certainly, the statutes of Georgia reflect the public policy of the state. Lott v. Board of Education, 164 Ga. 863, 139 S.E. 722, 723.

The Georgia statute governing the bringing of newspaper libel actions provides:

"Notice to defendant specifying libelous article, etc., as condition precedent to civil...

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9 cases
  • Truvillion v. King's Daughters Hosp.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 28 Marzo 1980
    ...96 S.Ct. 1417, 47 L.Ed.2d 353; Stebbins v. Keystone Insurance Co., D.C.Cir.1973, 156 U.S.App.D.C. 326, 481 F.2d 501; Tademy v. Scott, 5 Cir. 1946, 157 F.2d 826, 828. Wright & Miller, Federal Practice § 2373, pp. 234-239 (1971). Because a dismissal for failure to meet a condition for filing ......
  • Weissinger v. United States
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 9 Octubre 1968
    ...remedy to correct the judgment is by direct appeal, e. g., Link v. Wabash R. Co., 370 U.S. 626, 82 S.Ct. 1386, 8 L.Ed.2d 734 (1962), Tademy v. Scott, supra, Safeway Stores v. Fannan, 308 F.2d 94 (9th Cir. 1962), Smith v. Ford Gum & Machine Co., 212 F.2d 581 (5th Cir. 1954), Peardon v. Chapm......
  • Gaines v. Poindexter, Civ. A. No. 6176.
    • United States
    • U.S. District Court — Western District of Louisiana
    • 8 Octubre 1957
    ...supplied.) To the same effect are these decisions by the Fifth Circuit Court of Appeals: Palmer v. Chamberlin, 191 F.2d 532; Tademy v. Scott, 157 F.2d 826; and Hamilton v. Glassell, 57 F.2d 1032; also see A. B. v. C. D., 3 Cir., 36 F.Supp. 85. Restatement, Conflict of the Laws, § 612, p. 73......
  • In re Fargo Financial, Inc., Bankruptcy No. 86-08185
    • United States
    • U.S. Bankruptcy Court — Northern District of Georgia
    • 15 Enero 1988
    ...that this action is premature. See generally Klebanow v. New York Produce Exchange, 344 F.2d 294, 296 (2d Cir.1965); Tademy v. Scott, 157 F.2d 826, 827-28 (5th Cir.1946). This contention is based on the argument that Paneltech, as an individual creditor, lacks standing in this proceeding be......
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