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FAGALY v. STATE ACCIDENT INSURANCE FUND

471 P.2d 441 (1970)

In the matter of the Compensation of the Beneficiaries of Clifford FAGALY, Deceased. Donna Fagaly, Tanya J. Fagaly, and Teresa J. Fagaly, Appellants, v. STATE ACCIDENT INSURANCE FUND of the State of Oregon, Respondent.

Court of Appeals of Oregon. Department 1.

Decided June 25, 1970.

Attorney(s) appearing for the Case

F.P. Stager, Salem, argued the cause and filed the briefs for appellants.

James P. Cronan, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Wallace Carpenter, Asst. Atty. Gen. and Chief Counsel State Accident Insurance Fund, Salem.

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

FORT, Judge.

Clifford Fagaly was the owner and operator of Cliff's Drive-In restaurant. He, together with his wife, had run it successfully for 22 years. He was able to and upon occasion did perform every task involved in its operation. The business was located in Lincoln City, a resort area. Nevertheless it was open every day, only the hours reflecting the season of the year. The Fagalys lived next door to their business. The number of their employes varied according...

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