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APPLEMAN v. EMPLOYMENT DIVISION

534 P.2d 218 (1975)

Clarence W. APPLEMAN, Petitioner, v. EMPLOYMENT DIVISION and Industrial Forestry Association, a Nonprofit Corporation, Respondents.

Court of Appeals of Oregon.

Decided April 21, 1975.

Rehearing Denied May 28, 1975.

Review Denied June 10, 1975.

Attorney(s) appearing for the Case

Tom Hanlon, Springfield, argued the cause for petitioner. With him on the brief were Babcock, Ackerman & Hanlon, Springfield, and A.C. Roll, Oceanside.

Lester V. Smith, Jr., Portland, argued the cause for respondent Industrial Forestry Association. With him on the brief were Davies, Biggs, Strayer, Stoel & Boley, Portland.

No appearance for respondent Employment Division.

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

THORNTON, Judge.

Petitioner seeks judicial review of an order of the Employment Appeals Board (Board) denying petitioner's claim for unemployment benefits.

The sole issue involved is whether claimant's employment as a field worker on employer's tree nursery is "agricultural labor" and, therefore, excluded from unemployment insurance coverage. ORS 657.045.1

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