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JOHNSON v. DIRKSWAGER

Nos. 51913, 51964.

315 N.W.2d 215 (1982)

Edward JOHNSON, Respondent (51913), Appellant (51964), v. Edward J. DIRKSWAGER, Jr., as Commissioner of the Minnesota Department of Public Welfare, et al., Appellants (51913), Respondents (51964).

Supreme Court of Minnesota.

January 15, 1982.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., and David McKenna, Sp. Asst. Atty. Gen., St. Paul, Marshall & Savage and Joseph B. Marshall, Circle Pines, for appellants.

Collins, Buckley, Sauntry & Haugh and Theodore J. Collins, St. Paul, for respondents.

Thomas W. Foley, County Atty., and Stephen F. Befort, Asst. County Atty., St. Paul, for amicus curiae Ramsey County.

Tanick & Heins and Marshall H. Tanick, Minneapolis, for amicus curiae MCLU.

Patricia Hirl, St. Paul, for amicus curiae Newspaper Ass'n.

Norton Armour, Minneapolis, for amicus curiae Mpls. Star & Tribune.

David Donnelly, St. Paul, for amicus curiae Northwest Publications, Inc.

Robert J. Alfton, City Atty., Minneapolis, for amicus curiae City of Minneapolis.

Edward P. Starr, City Atty., David W. Nord and Beryl A. Nord, Asst. City Atty., St. Paul, for amicus curiae City of St. Paul.

Heard, considered and decided by the court en banc.

OPINION

SIMONETT, Justice.

A jury found that defendant State of Minnesota and its Commissioner of Public Welfare had defamed plaintiff, one of its employees, and awarded damages of $150,000. Defendants appeal from a denial of their motion for judgment notwithstanding the verdict or a new trial. Plaintiff cross-appeals the order reducing his damages to $100,000 by virtue of Minn.Stat. § 3.736 (1980) and finding the commissioner liable only in his official...

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