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PATTON v. J.C. PENNEY CO.

CC 83-11-221/CA A33254/SC S32302, SC S32300.

719 P.2d 854 (1986)

301 Or. 117

David PATTON, Petitioner on review/Respondent on review, v. J.C. PENNEY CO., INC., a Delaware corporation; Wallace McKay; and Richard Chapin, Respondents on review/Petitioners on review.

Supreme Court of Oregon.

Decided May 20, 1986.

Attorney(s) appearing for the Case

James J. Roberson, Lake Oswego, argued the cause for petitioner/respondent on review Patton, and filed the petition and a reply to the amicus curiae brief.

Jeffrey M. Batchelor, of Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland, argued the cause for respondents/petitioners on review J.C. Penney Co., et al. With him on the petition was Richard F. Liebman, Portland.

Susan P. Graber and Eileen Drake, of Stoel, Rives, Boley, Fraser & Wyse, Portland, filed a brief amicus curiae on behalf of Tektronix, Inc.

Before PETERSON, C.J., and LENT, LINDE, CAMPBELL, CARSON and JONES, JJ.

JONES, Judge.

David Patton filed suit against J.C. Penney Co. and two supervisors, McKay and Chapin, alleging both "wrongful discharge" from employment and "outrageous conduct."1 The trial court granted defendants' motion to dismiss for failure to state a claim on both counts.

Plaintiff then appealed to the Court of Appeals. That court affirmed the dismissal of the wrongful discharge claim, but reversed on the intentional infliction...

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