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DOWNS v. WAREMART, INC.

CC 92C11646; CA A84549; SC S42799.

926 P.2d 314 (1996)

324 Or. 307

Linda DOWNS, Respondent on Review, v. WAREMART, INC., Petitioner on Review.

Supreme Court of Oregon.

Decided October 31, 1996.

Attorney(s) appearing for the Case

William H. Walters, of Miller, Nash, Wiener, Hager & Carlsen, Portland, argued the cause for petitioner on review. With him on the briefs was Thomas C. Sand.

William D. Stark, Salem, argued the cause and filed the brief for respondent on review.

Paula A. Barran, of Lane Powell Spears Lubersky, Portland, filed a brief for amicus curiae Oregon Association of Defense Counsel.

James M. Baumgartner, of Black Helterline, Portland, filed a brief for amicus curiae Oregon Trial Lawyers Association.

Kevin Keaney, of Pozzi Wilson Atchison, Portland, filed a brief for amicus curiae Associated Oregon Industries.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, GRABER, and DURHAM, JJ.

GRABER, Justice.

The question before us is whether plaintiff in this case sufficiently pleaded the publication element of the tort of defamation, using a theory of "compelled self-publication."1 We answer that question "no."

The trial court granted defendant's motion, made pursuant to ORCP 21 A(8),2 to dismiss plaintiff's claim for defamation based on a theory of "compelled self-publication."

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