Mims v. Metropolitan Life Insurance Co.

200 F.2d 800 (1952)

Facts

Metropolitan Life Insurance Co. (D) fired Mims (P) after 32 years of service. P suspected that he was fired because he refused to contribute $1 to Senator Taft's campaign fund. P wrote to his friend, Senator Sparkman, asking him to investigate. Sparkman sent a letter to D, explaining what he knew, and asking for any information about the situation. D's president dictated a letter to his secretary, stating that P was fired for inefficiency and unsatisfactory performance. P sued D for libel, claiming that the statements in the letter were false and made with malice. The case was dismissed because the letter was not published. The court held that both D's president and secretary were to be considered corporate employees and that the Senator was P's agent. P appealed.