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KOCH v. LABORICO

No. A8001-00280; A26735.

674 P.2d 602 (1983)

66 Or.App. 78

Robert KOCH, Appellant, v. Judy LABORICO, City Employees Local Union No. 189, Respondents, and the American Federation of State, County and Municipal Employees, Defendant.

Court of Appeals of Oregon.

Reconsideration Denied February 24, 1984.

Attorney(s) appearing for the Case

J. Phillip Holcomb, Portland, argued the cause and filed the brief for appellant.

Thomas O. Carter, Portland, argued the cause and filed the brief for respondents.

Before RICHARDSON, P.J., and VAN HOOMISSEN and NEWMAN, JJ.

VAN HOOMISSEN, Judge.

This is a defamation action. Plaintiff appeals from summary judgment for defendants.1 He contends that the trial court erred in finding (1) that he was a "public official" under the rule in New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964), (2) that there was no basis on which the issue of actual malice could be submitted to a jury and ...

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