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EUBANKS v. NORTH CASCADES BROADCASTING

No. 20167-8-III.

61 P.3d 368 (2003)

115 Wash.App. 113

Robert EUBANKS and Nancy Eubanks, Individually and the Marital Community thereof, Appellants, v. NORTH CASCADES BROADCASTING, Washington business, d/b/a North Cascades Broadcasting, NCBI, and John Does I-X, Respondents.

Court of Appeals of Washington, Division 3, Panel Three.

January 16, 2003.

Attorney(s) appearing for the Case

James McPhee, Crumb & Munding, Spokane, WA, for Appellants.

Richard B. Price, Omak, WA, for Respondents.

BROWN, C.J.

North Cascades Broadcasting (North Cascades) broadcast a radio report about the activities of Robert Eubanks in connection with a county remodeling project. Mr. Eubanks filed a defamation action against North Cascades. The trial court, reasoning Mr. Eubanks was a public official or public figure who had failed to raise a genuine issue of material fact as to whether North Cascades acted with actual malice, dismissed...

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