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DELL v. K.E. McKAY'S MARKET OF COOS BAY, INC.

543 P.2d 678 (1975)

George DELL, Respondent, Cross-Appellant, v. K.E. McKay's MARKET OF COOS BAY, INC., Cross-Respondent, and J.M. Ridgway Co., Inc., and Don Rhudy, Individually, Appellants.

Supreme Court of Oregon, In Banc.

Decided December 18, 1975.

Attorney(s) appearing for the Case

Richard A. Roseta, Eugene, argued the cause for appellants. With him on the briefs were John E. Jaqua and Jaqua & Wheatley, Eugene.

Paul D. Clayton of Luvaas, Cobb, Richards & Fraser, Eugene, argued the cause and filed briefs for respondent, cross-appellant.

Richard Bryson, Eugene, argued the cause for cross-respondent. With him on the brief were Calkins & Calkins and Bryson & Roberts, Eugene.

McALLISTER, Justice.

This is an action for defamation brought by plaintiff George Dell against K.E. McKay's Market of Coos Bay, Inc., J.M. Ridgway Co., Inc., and Don Rhudy. The action is based on a defamatory statement allegedly made by Rhudy. Dell alleged that in making the statement Rhudy was acting as the agent of both McKay's and Ridgway.

The jury returned a verdict for plaintiff against Ridgway and Rhudy for $40,000 general damages, but found in favor...

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