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DALLES CHERRY GROWERS v. EMPLOYMENT DIVISION

550 P.2d 1250 (1976)

The DALLES CHERRY GROWERS, a Cooperative Organization, et al., Respondents, v. EMPLOYMENT DIVISION, Ross Morgan, Administrator, Petitioner.

Court of Appeals of Oregon.

Decided June 14, 1976.

Attorney(s) appearing for the Case

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for petitioner. With him on the briefs were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Kenneth E. Jernstedt, Portland, argued the cause for respondents. With him on the brief were Nelson D. Atkin, II, and Dezendorf, Spears, Lubersky & Campbell, Portland.

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

SCHWAB, Chief Judge.

The Dalles Cherry Growers is a cooperative that processes cherries grown in the orchards of its members. Cherry Growers' operations have two distinct components. From late June to early August, Cherry Growers' employes sort, pack and ship fresh cherries. From early September to early spring, Cherry Growers' employes brine and thus produce maraschino cherries. Many of the approximately 275-375 fresh-season employes do not return to work during...

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