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NICHOLS v. EMPLOYMENT DIVISION

544 P.2d 1068 (1976)

Arthur L. NICHOLS, Petitioner, v. EMPLOYMENT DIVISION and Cochran's Auto Sales, Respondents.

Court of Appeals of Oregon.

Decided January 26, 1976.

Attorney(s) appearing for the Case

John Svoboda, Springfield, and Sanders, Lively & Wiswall, Springfield, for petitioner.

Lee Johnson, Atty. Gen., W. Michael Gillette, Sol. Gen., and John W. Burgess, Asst. Atty. Gen., Salem, for respondents.

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

THORNTON, Judge.

Claimant appeals from the decision of the Employment Appeals Board (Board) which found that he was not actively seeking employment and therefore liable to repay the Employment Division (Division) a portion of the benefits he received.

Claimant applied for benefits in December of 1973 and received benefits totaling well over $3,000. Sometime in 1974 the Division became concerned that claimant was not in fact unemployed but actively engaged...

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