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KING v. ARMSTRONG
December 9, 1985
AMELIA KING AND LEVOLIA ELLENS, PLAINTIFFS,
ROSEMARIE ARMSTRONG, GEORGE MARSH, JAMES MCGRADY, FRANK MIKRUT, AND JOE BIALEK, DEFENDANTS.
The opinion of the court was delivered by: Bua, District Judge.
Before the Court is defendants' motion, pursuant to Federal
Rule of Civil Procedure 56, for partial summary judgment on a
single count of plaintiffs' complaint. For the reasons stated
herein, defendants' motion is granted.
This is an action alleging violations of the Federal Credit
Union Act and state laws of contract and defamation. The action
was brought by Amelia King and Levolia Ellens against Rosemarie
Armstrong, George Marsh, James McGrady, Frank Mikrut, and Joe
Bialek. Jurisdiction is conferred on this Court pursuant to
28 U.S.C. § 1331. The instant motion for summary judgment concerns
only Count III of plaintiffs' complaint, which alleges that the
defendants committed libel against Amelia King.
Plaintiff's libel claim arises out of the defendants'
publication of a meeting notice. The plaintiff is employed by
the Social Security Administration and is a member of the
Chicago Area Office Federal Credit Union (Credit Union). The
defendants are members of the Board of Directors of the credit
union. In April 1983, the Board of Directors appointed
plaintiff to the Supervisory Committee of the credit union. On
or about March 22, 1984, plaintiff attempted to deposit and
withdraw some funds from her account at the credit union, but
because a hold was placed on her deposit her withdrawal was
denied. On March 23, 1984, plaintiff presented her withdrawal
request to the treasurer of the credit union who issued King a
On April 17, 1984, the Board of Directors held its monthly
meeting at which it discussed the check issuance. The Board
determined that the check was issued improperly, and voted to
suspend King from the Supervisory Committee. In accordance with
credit union by-laws, the Board was required to convene a
special meeting of the credit union membership and submit the
suspension to the members for approval. On May 1, 1984, the
Board of Directors posted and distributed to credit union
members the following notice:
To: All Members of Chicago Area Office Federal
From: Board of Directors Chicago Area Office
Federal Credit Union
Subject: Suspension of Supervisory Committee
At the Board of Director's monthly meeting held on
April 17, 1984, the following order of business
That on March 23, 1984, Amelia King willingly and
knowingly did accept a check for illegal funds (in
an undetermined amount) issued by a director
unauthorized to issue checks.
Based on information obtained from National Credit
Union Administration, Illinois Credit Union
League, and CUNA Mutual Insurance Group, the Board
of Directors found it imperitive [sic] and
expedient that proper action be taken in order to
protect and safeguard the bond ability, and future
of your Credit Union. YOU, THE MEMBERSHIP, MAKE
THE DIFFERENCE. ATTEND TODAY'S SPECIAL MEETING AND
VOTE FOR THE FUTURE OF YOUR CREDIT UNION.
THE SPECIAL MEETING WILL BE HELD AT 5:00 P.M. IN
THE EAST SIDE AUDITORIUM.
The plaintiff King alleges that this notice is libelous. The
defendants submitted this motion for partial summary ...
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