BALSIGER v. AMERICAN STEEL & SUPPLY CO.


458 P.2d 932 (1969)

George E. BALSIGER, Jr., Appellant, v. AMERICAN STEEL & SUPPLY CO., a Corporation, Timber Tractor Co., a Corporation, Arthur Myrmo and Emil A. Myrmo, Individually and As Co-Partners Dba George Myrmo & Sons, and Stanley R. Darling, Otto F. Vonderheit, James L. Hershner and Garland D. Hunter, Jr., Individually and As Co-Partners Dba Darling, Vonderheit, Hershner and Hunter, Respondents.

Supreme Court of Oregon.

September 17, 1969.


Attorney(s) appearing for the Case

Richard Bryson, Windsor Calkins and Johnson, Johnson & Harrang, Eugene, for the petition.

Before PERRY, C.J., and McALLISTER SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.


PER CURIAM.

Defendants Darling, Vonderheit, Hershner and Hunter have filed a petition for rehearing. They contend that we have confused the remedies of malicious prosecution and libel and that we erroneously relied on § 678 of the Restatement of Torts which is but an extension of the general rule of § 674 which, in turn, is contrary to the rule of Carnation Lbr. Co. v. McKenney et al, 224 Or. 541, 356 P.2d...

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