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ROMANOSKY v. EMPLOYMENT DIVISION

536 P.2d 1277 (1975)

Stephen K. ROMANOSKY, Petitioner, v. EMPLOYMENT DIVISION et al., Respondents.

Court of Appeals of Oregon.

Decided June 23, 1975.

Attorney(s) appearing for the Case

Richard T. Aboussie, Legal Aid Service, Multnomah Bar Association, Inc., Portland, argued the cause and filed the brief for petitioner.

Timothy Wood, Asst. Atty. Gen., Salem, argued the cause for respondent Employment Division. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Richard C. Hunt, Portland, argued the cause for respondent Sears, Roebuck and Co. With him on the brief were Dezendorf, Spears, Lubersky & Campbell, Portland.

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

FOLEY, Judge.

Petitioner-claimant was discharged on September 13, 1974, by Sears, Roebuck and Co. for misconduct in connection with his work. An administrator's decision of October 7, 1974, disqualified claimant from unemployment benefits under ORS 657.176. He requested a hearing and the hearings referee concluded that "* * * claimant's acts can[not] be considered misconduct as that term is understood under employment insurance law," setting aside the administrator...

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