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BROWN v. EMPLOYMENT DIVISION

539 P.2d 666 (1975)

Clark R. BROWN, Petitioner, v. EMPLOYMENT DIVISION, Respondent.

Court of Appeals of Oregon.

Decided August 25, 1975.

Attorney(s) appearing for the Case

Robert L. Ackerman, Springfield, argued the cause for petitioner. With him on the brief were Babcock, Ackerman & Hanlon, Springfield.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for the respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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

SCHWAB, Chief Judge.

The issue in this case is the same as in Evjen v. Employment Division, Or. App., 539 P.2d 662 (decided this date), and the principles stated there are controlling here.

Unlike in Evjen, the referee here concluded that he was not convinced by claimant's testimony to the effect that he was an active member of the labor market seeking all suitable employment. The referee's order reads in pertinent...

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