Herbert B. Peterson v. The Mountain States Telephone and Telegraph Company, a Corporation

This action was originally commenced in the Superior Court of Maricopa County, Arizona, by appellant and eight other former fellow employees of appellee. Each sued for damages for alleged defamation contained in letters of discharge sent them by appellee as their employer.

The action was removed to the District Court upon the petition of appellee asserting diversity of citizenship. [ 28 U.S.C. §§ 1332 , 1441.] The parties then stipulated that all nine plaintiffs might try their respective causes of action separately; and the attorneys for plaintiffs thereafter elected to try appellant’s cause of action first. The jury found against him, and this appeal is from the judgment entered upon that adverse verdict.

Inasmuch as the letter of discharge, dated June 20,1957, contains not only the defamatory matter complained of, but also the grounds asserted by appellee for appellant’s discharge, it is set forth in full:

It is conceded that this letter, the contents of which the District Judge ruled were “libelous per se”, was published by appellee in Phoenix, Arizona, at least to the stenographer who typed it and to the clerk who filed appellee’s office copy of it.

It is our duty of…