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KELTNER v. WASHINGTON COUNTY

CC 86C-12287; CA A50235; SC S36909.

800 P.2d 752 (1990)

310 Or. 499

Keri L. KELTNER and Dorene L. Keltner, Petitioners On Review, v. WASHINGTON COUNTY and Oregon State Police, a Department of the State of Oregon, Respondents On Review.

Supreme Court of Oregon.

Decided November 8, 1990.

Attorney(s) appearing for the Case

Elden M. Rosenthal, Portland, argued the cause for petitioners on review. With him on the petition were B. Carlton Grew and Rosenthal & Green, P.C., Portland.

I. Franklin Hunsaker, Portland, argued the cause for respondent on review Washington County. With him on the response were John M. Junkin, Washington County Counsel, Kevin M. Myles, Asst. County Counsel, and Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland.

Rives Kistler, Asst. Atty. Gen., Salem, argued the cause for respondent on review Oregon State Police. With him on the response were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

James H. Clarke and Spears, Lubersky, Bledsoe, Anderson, Young & Hilliard, Portland, filed a brief on behalf of amicus curiae Oregon Ass'n of Defense Counsel.

Before PETERSON, C.J., CARSON, GILLETTE, VAN HOOMISSEN, FADELEY and UNIS, JJ., and GRABER, J. Pro Tem.

VAN HOOMISSEN, Justice.

The issue in this case is whether this court should reconsider the general rule of law in Oregon that a plaintiff in an action for breach of contract may not recover damages for purely mental distress. Farris v. U.S. Fid. and Guar. Co., 284 Or. 453, 465, 587 P.2d 1015 (1978); Adams v. Brosius, 69 Or. 513, 139 P. 729 (1914...

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