U.S. Steel Corp. v. Darby, 74-2665
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
| Writing for the Court | Before BROWN, Chief Judge, and GEWIN and THORNBERRY; THORNBERRY; After reviewing the relevant Alabama decisions |
| Citation | 516 F.2d 961 |
| Parties | UNITED STATES STEEL CORP., Plaintiff-Appellee, v. Elton H. DARBY, Defendant-Third Party Plaintiff-Appellant, v. SOUTHERN FABRICATING COMPANY, INC., Third Party Defendant. |
| Docket Number | No. 74-2665,74-2665 |
| Decision Date | 04 August 1975 |
Page 961
v.
Elton H. DARBY, Defendant-Third Party Plaintiff-Appellant,
v.
SOUTHERN FABRICATING COMPANY, INC., Third Party Defendant.
Fifth Circuit.
Page 962
Robert L. Potts, Ernest N. Blasingame, Jr., Florence, Ala., for defendant-third party plaintiff-appellant.
John D. Clements, Birmingham, Ala., for plaintiff-appellee.
Appeal from the United States District Court for the Northern District of Alabama.
Before BROWN, Chief Judge, and GEWIN and THORNBERRY, Circuit Judges.
THORNBERRY, Circuit Judge:
In early 1970 Southern Fabricating Company, Inc. began to make regular credit purchases of steel manufactured by United States Steel Corporation (USS). The manufacturer filled steel purchase orders in April, May, and June 1971 despite Southern Fabricating's failure to keep current on its payments. Several times in May 1971 USS unsuccessfully attempted to determine the reason for the delinquency. Then in June 1971 Southern Fabricating personnel asserted that the steel had proved defective. Relations between the two companies deteriorated during the summer of 1971, and they ceased dealing with each other in August 1971. Southern Fabricating then had an outstanding balance of approximately $84,000 in their account with USS. On July 6, 1972 USS filed suit on a guaranty agreement to recover this amount from E. H. Darby, 1 owner of a controlling interest in Southern Fabricating.
In addition to denying liability under the guaranty agreement, Darby counterclaimed against USS for defamation of his business reputation, and, in a third party complaint, sought indemnity from Southern Fabricating for any amounts paid to USS. Southern Fabricating entered into the proceedings with a breach of warranty claim against USS. The parties eventually settled the quality claim that generated the litigation, with Southern Fabricating and Darby paying USS $64,500. Darby's defamation claim against USS was expressly excepted from the settlement agreement, but the district court subsequently granted USS's motion for summary judgment on that claim. That action forms the basis for Darby's appeal here. After a careful review of the record, we find the district court properly granted summary judgment for USS and affirm.
Fed.R.Civ.P. 56 governs motions for summary judgment. The district court shall render summary judgment
Page 963
for the moving party "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). 2 The moving party bears the burden of showing both the absence of a genuine issue as to any material fact and that judgment is warranted as a matter of law. Benton-Volvo-Metairie, Inc. v. Volvo Southwest, Inc., 479 F.2d 135 (5th Cir. 1973); Palmer v. Chamberlin, 191 F.2d 532 (5th Cir. 1951). In considering the motion, the district court must draw inferences most favorable to the party opposing the motion, and take care that no party will be improperly deprived of a trial of disputed factual issues. Dassinger v. South Central Bell Tel. Co., 505 F.2d 672 (5th Cir. 1974); 10 C. Wright & A. Miller, Federal Practice & Procedure § 2712. The appellate court reviewing the district court's action on a motion for summary judgment employs the same standards. Poller v. Columbia Broadcasting System,368 U.S. 464, 82 S.Ct. 486, 7 L.Ed.2d 458 (1962); Benton-Volvo-Metairie, Inc. v. Volvo Southwest, Inc., supra ; 10 C. Wright & A. Miller, Federal Practice & Procedure § 2716.The essence of the tort of defamation is injury to one's public reputation. Dungan...
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Polisoto v. Weinberger, No. SA-84-CA-308.
...demonstrating that there is no actual dispute as to any material fact in the case." Id. at 1031; United States Steel Corporation v. Darby, 516 F.2d 961, 963 (5th In determining whether the movant has met this burden, the Court must view the evidence introduced and all factual inferences fro......
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Strong v. Grambling State Univ., No. 3:13–CV–00808–DEW–KLH.
...opposing the motion.” Reid v. State Farm Mut. Auto. Ins. Co., 784 F.2d 577, 578 (5th Cir.1986) (citing United States Steel Corp. v. Darby, 516 F.2d 961 (5th Cir.1975) ).The moving party bears the initial responsibility of informing the court of the basis for its motion and identifying those......
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Oaks v. City of Fairhope, Ala., Civ. A. No. 80-0393-H.
...of Ala. 1975, § 11-47-23 (emphasis supplied). Although defamation is recognized as a tort in Alabama, United States Steel Corp. v. Darby, 516 F.2d 961, 963 (5th Cir. 1975), Oaks neither filed a claim with the city clerk of Fairhope nor brought an action within six months of the conduct upon......
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Schiavone Const. Co. v. Time, Inc., Civ. A. No. 83-932.
...agrees. While some cases have held that a stockholder may not sue for the libel of a corporation, United States Steel Corp. v. Darby, 516 F.2d 961, 964 n. 4 (5th Cir.1975); McBride v. Crowell-Collier Publishing Co., 196 F.2d 187 (5th Cir. 1952), citing R.G. Dun & Co. v. Shipp, 127 Tex. 80, ......
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Polisoto v. Weinberger, No. SA-84-CA-308.
...demonstrating that there is no actual dispute as to any material fact in the case." Id. at 1031; United States Steel Corporation v. Darby, 516 F.2d 961, 963 (5th In determining whether the movant has met this burden, the Court must view the evidence introduced and all factual inferences fro......
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Christophersen v. Allied-Signal Corp., ALLIED-SIGNAL
...1089 (5th Cir.1989) (applying the Celotex and Rule 56 summary judgment standards de novo) (citing United States Steel Corp. v. Darby, 516 F.2d 961 (5th Cir.1975)), in Rule 56 proceedings we still apply the manifest-error standard of review to the trial court's evidentiary rulings, Lavespere......
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Coke v. General Adjustment Bureau, Inc., No. 77-2874
...and A. Miller, Federal Practice and Procedure, § 2727 at 524-30 (1973) (footnotes omitted). See also United States Steel Corp. v. Darby, 516 F.2d 961, 963 (5th Cir. 1975); Clark v. West Chemical Products, Inc., 557 F.2d 1155, 1157 (5th Cir. 1977); 6 Moore's Federal Practice, § 56.15(3). It ......
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In re General American Communications Corp., No. M-47B.
...1019, 1020 (7th Cir.1987); Clark v. Union Mutual Life Ins. Co., 692 F.2d 1370, 1372 (11th Cir.1982); United States Steel Corp. v. Darby, 516 F.2d 961, 963 (5th The primary purpose for granting a summary judgment motion is to avoid unnecessary trials where no genuine issue of material fact i......