Daniel S. Urbina v. Georgia Gilfilen

Daniel S. Urbina brought this diversity action against Georgia Gilfilen, to recover damages for alleged libel. Summary judgment was granted for defendant and plaintiff appeals.

In 1961, both plaintiff and defendant were employees of the United States Air Force, employed at Tachikawa, Japan. Arthur G. Palman, a civilian personnel officer of the United States, and the supervisor of defendants, initiated a removal action against plaintiff for allegedly submitting false claims for reimbursement of quarters allowance. Defendant prepared a memorandum concerning the matter in which the assert-edly false and defamatory statements were made.

Defendant’s motion for summary judgment was made and granted upon the ground that the memorandum was written by defendant in the performance of her duties as an employee of the United States and that, as against a claim of libel, she therefore had the defense of absolute privilege. The motion was supported by the affidavits of Palman and defendant, alleging that defendant worked under Palman’s direction and control and that he had requested her to prepare the memorandum in question in the course of her duties as an employee of the Air…