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MT. JEFFERSON CARPETS v. EMPLOYMENT DIVISION

548 P.2d 1354 (1976)

MT. JEFFERSON CARPETS, Chester E. Page, Dba, Petitioner, v. EMPLOYMENT DIVISION, Ross Morgan, Administrator, Respondent. Mt. Jefferson Carpets, Inc., Petitioner, v. Employment Division, Ross Morgan, Administrator, Respondent.

Court of Appeals of Oregon.

Decided May 3, 1976.

Attorney(s) appearing for the Case

Bernard F. Bednarz, Salem, filed the brief for petitioners.

Lee Johnson, Atty. Gen., W. Michael Gillette, Sol. Gen., and Al J. Laue, Asst. Atty. Gen., Salem, filed the brief for respondent.

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

FOLEY, Judge.

In these consolidated cases petitioners were engaged in the business of selling carpets but contracted with others to lay the carpets for them. The respondent Employment Division determined that the carpet layers were employes of petitioners for whom contributions must be paid and that payroll taxes were properly assessed against petitioners. Petitioners contend that the carpet layers were independent contractors and exempt from contribution under ORS...

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