Paul Sulger v. B. H. Pochyla, Constance Pochyla, Thomas A. Ryan and Katherine Ryan
Opinion
Opinion
Carter, J.
This action in three counts was removed from the Arizona State court, to the United States District Court, District of Arizona, pursuant to 28 U.S.C. Section 1442 on the ground that the appellees, B. H. POCHYLA and THOMAS A. RYAN, were officers of the United States, as provided in the above cited statute.
The appeal is from an order granting summary judgment in favor of the appellees. Appellant abandoned on this appeal any question as to the first two causes of action, and the count that remains charges malicious slander.
This court has jurisdiction pursuant to the provisions of 28 U.S.C. § 1291 .
THE QUESTION
The question presented is whether the appellees, Pochyla and Ryan, Army officers, are immune from the action for slander for statements made during an investigation of the appellant’s business. There is no possible basis for liability as to the appellee wives.
THE FACTS
The appellee, Pochyla, a Major General of the United States Army, was Commanding General of the Army Electronic Proving Grounds at Fort Huachuca, Arizona, from September 1, 1963 through June 1966. Appellee, Colonel Ryan, was Staff Judge Advocate at the Proving Grounds during this period.