# Small v. McRae

> Montana Supreme Court · October 4, 1982 · 200 Mont. 497

URL: https://www.frixlaw.com/law-library/cases/9507393

## Case

- **Full name:** AARON P. SMALL, Plaintiff and Appellant, v. ROBERT J. McRAE, Defendant and Respondent
- **Court:** Montana Supreme Court
- **Decided:** October 4, 1982
- **Citations:** 200 Mont. 497; 651 P.2d 982; 1982 Mont. LEXIS 943
- **Precedential status:** Published
- **Opinion:** Concurrence by Shea
- **Judges:** Harrison, Sheehy, Shea, Haswell, Daly, Morrison, Weber
- **Cited by:** 36 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9507393

## How later opinions describe it (automated extraction)

- holding that it is "clearly settled" that "where there is a failure to establish an essential element of the [defamation] cause of action, the case becomes one of law for the Court"

## Opinion text

MR. JUSTICE SHEA,
concurring:
I agree with the result reached by the majority, but not in its reasoning. Clearly, there was no libel. And just as clearly, the plaintiff should have exhausted the contract grievance procedures before resorting to the courts.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9507393. Public record. Not legal advice.