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WIGANT v. EMPLOYMENT DIVISION

566 P.2d 1202 (1977)

30 Or.App. 207

Calvin R. WIGANT, Petitioner, v. EMPLOYMENT DIVISION, and Ponder Burner Co., Aka Ponder Burner Company, Inc., a Corporation, Respondent.

Court of Appeals of Oregon.

Decided July 18, 1977.

Attorney(s) appearing for the Case

Marvin S. Nepom, Portland, filed the brief for petitioner.

No appearance for respondent Employment Division.

No appearance for respondent Ponder Burner Co., aka Ponder Burner Company, Inc., a corporation.

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

Submitted on Record and Petitioner's Brief July 1, 1977.

PER CURIAM.

The single issue to be determined in this appeal is whether the Employment Appeals Board erred in concluding that claimant's conduct constituted "misconduct" within the meaning of the term as used in ORS 657.176(2)(a).1 We agree with the opinion of the Employment Appeals Board and adopt it:

"[The] Referee * * * set aside an administrators decision to...

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