UTECHT v. SHOPKO DEPT. STORE

No. 82-166.

324 N.W.2d 652 (1982)

Robert UTECHT, Appellant, v. SHOPKO DEPARTMENT STORE, Respondent.

Supreme Court of Minnesota.

October 8, 1982.


Attorney(s) appearing for the Case

Willenbring, Lickteig & Dahl and Timothy D. Clements, Cold Spring, for appellant.

Donohue, Rajkowski & Hansmeier, St. Cloud, for respondent.

Considered and decided by the court en banc without oral argument.


SCOTT, Justice.

Plaintiff Robert Utecht appeals from a summary judgment in favor of defendant Shopko Department Store in this suit for libel. The primary issue on appeal is whether there are genuine issues of material fact concerning the defamatory nature of the communication and Shopko's privilege to publish it. We conclude that there are and, therefore, reverse and remand for further proceedings.

In early July 1979 Kathy Utecht, plaintiff's wife, lost her...

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