Chet L. Parker and Lois M. Parker v. Title & Trust Company, Walter Stegmann v. Title & Trust Company

The appellees Winans, following our decision in this case, 233 F.2d 505 , filed a petition for rehearing asserting, among other things, that we had mistaken the Oregon law in holding that certain statements made by the Parkers for which they were held liable to the Winans, were absolutely privileged under the doctrine applied in Strycker v. Levell, 183 Or. 59 , 190 P.2d 922 . The petition calls our attention to the later case of Grubb v. Johnson, 205 Or. 624 , 289 P.2d 1067, 1074 , not previously cited by the parties, and asserts that this case proves us wrong as to the Oregon law. We requested counsel for appellants Parker and Stegmann to supply us with briefs upon this point, and they have done so.

Careful study of the Grubb case convinces us that it has no bearing upon the question presented in this case, and that our original opinion was right in holding these statements absolutely privileged. In the Grubb case the defamatory matter was contained in a letter written by defendants, who operated an insurance agency, to the Oregon Insurance Commissioner. The plaintiff Grubb had been employed by defendants as an insurance solicitor, and in that capacity had .been licensed…