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WALLULIS v. DYMOWSKI

CC 9101-00424; CA A79806; SC S42604.

918 P.2d 755 (1996)

323 Or. 337

Steven D. WALLULIS, Respondent on Review, v. Tom DYMOWSKI and Communications Workers of America, Local 7901, Defendants-Respondents/Cross-Appellants. Tom DYMOWSKI, Third-Party Plaintiff-Cross-Appellant, and Communications Workers of America, Local 7901, Respondent on Review, v. AMERICAN TELEPHONE AND TELEGRAPH COMPANY, a New York corporation, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Decided June 20, 1996.

Attorney(s) appearing for the Case

Jeffrey M. Batchelor, of Lane Powell Spears Lubersky, Portland, argued the cause and filed the petition for petitioner on review.

Kevin Keaney, of Pozzi Wilson Atchison, Portland, argued the cause and filed the brief for respondent on review Communications Workers of America, Local 7901.

Richard C. Busse, Portland, argued the cause for respondent on review Steven D. Wallulis. With him on the brief was Scott N. Hunt.

GRABER, Justice.

In this case, we consider: (1) whether a defamatory statement concerning the work-related conduct of one employee, made by another employee of the same corporate employer to their mutual supervisor, may be actionable; and (2) whether, for the purposes of vicarious liability, an agent of a union simultaneously can be the agent of his or her employer. The Court of Appeals held that such a statement is actionable and that an agent of the union simultaneously...

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