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KING v. MENOLASCINO

555 P.2d 442 (1976)

276 Or. 501

Mrs. Harrison KING, Appellant, v. Frank J. MENOLASCINO et al., Respondents.

Supreme Court of Oregon, Department 1.

Decided October 21, 1976.

Attorney(s) appearing for the Case

Diane Spies, of Connall & Spies, P.C., Portland, argued the cause and filed a brief for appellant.

Jeffrey M. Batchelor, of Gearin, Cheney, Landis, Aebi & Kelley, Portland, and James C. Goode, Albany, argued the cause for respondents McGee and Oregon Association for Retarded Citizens. Mr. Batchelor filed a brief for respondents McGee and Oregon Association for Retarded Citizens.

Charles D. Ruttan, of Morrison, Dunn, Cohen, Miller & Carney, Portland, argued the cause and filed a brief for respondents Johnson and Washington County Association for Retarded Children.

Rudy R. Lachenmeier, of Vergeer, Samuels, Roehr & Sweek, Portland, argued the cause and filed a brief for respondent Menolascino.

Before DENECKE, C.J., and McALLISTER, HOLMAN and HOWELL, JJ.

DENECKE, Chief Justice.

The trial court sustained a demurrer to plaintiff's complaint seeking damages for libel. The issue is whether the words published by defendants are capable of a defamatory meaning.

The facts are as alleged in the complaint. The plaintiff sent a letter to a newspaper which the paper published. The letter praised the use of DSMO (dimethylsulfoxide) for the treatment of mental retardation. The plaintiff termed DSMO the "holy water of the...

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