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TUBRA v. COOKE

050910015; A134332.

225 P.3d 862 (2010)

233 Or. App. 339

Tim TUBRA, an individual, Plaintiff-Appellant, v. John Michael COOKE and Ron Swor, individuals; and the International Church of the Foursquare Gospel, a California nonprofit corporation, Defendants-Respondents.

Court of Appeals of Oregon.

Decided January 27, 2010.

Attorney(s) appearing for the Case

Christopher G. Lundberg, Portland, argued the cause for appellant. With him on the briefs were Shay S. Scott, Matthew E. Malmsheimer, and Haglund Kelley Horngren Jones & Wilder LLP.

John T. Kaempf, Portland, argued the cause for respondents. With him on the brief were Ronald E. Bailey and Bullivant Houser Bailey P.C.

Before WOLLHEIM, Presiding Judge, and ARMSTRONG, Judge, and RIGGS, Senior Judge.

ARMSTRONG, J.

This case arises from a defamation claim that plaintiff, a former interim pastor, brought against his employer church and two of its officials, and that ultimately resulted in a jury verdict and award of damages in plaintiff's favor. Plaintiff appeals the subsequent post-verdict judgment granting defendants' motion for judgment notwithstanding the verdict (JNOV), in which the trial court concluded that the Free Exercise Clause of the First Amendment...

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