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MORGAN v. HARRIS

474 P.2d 366 (1970)

Ross MORGAN, Department of Employment Commissioner, Appellant, v. Paul HARRIS and Frank Messier, a Partnership, Doing Business As Harris Construction Company, Respondents.

Court of Appeals of Oregon, Department 2.

Decided September 10, 1970.

Attorney(s) appearing for the Case

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Solicitor Gen., Salem.

Ralph W.G. Wyckoff, Salem, argued the cause and filed the brief for respondents.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.

LANGTRY, Judge.

This is an appeal by the Department of Employment Commissioner from a dismissal which followed an order sustaining defendant Messier's demurrer to the complaint in an action to collect employer's unemployment insurance contributions.

Plaintiff's complaint alleged, inter alia, that the defendants were employers in Oregon during the third and fourth quarters of 1956, and did not make contributions as required by ORS ch. 657. On March 3...

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