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EMPLOYMENT DIVISION v. NORTHWEST CHRISTIAN

570 P.2d 100 (1977)

31 Or.App. 201

EMPLOYMENT DIVISION, Ross Morgan, Administrator, Petitioner, v. NORTHWEST CHRISTIAN College, Respondent-Cross-Petitioner.

Court of Appeals of Oregon, In Banc.

Resubmitted September 16, 1977.

Decided October 17, 1977.

Attorney(s) appearing for the Case

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for petitioner. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Barry Rubenstein, Eugene, argued the cause for respondent-cross-petitioner. With him on the briefs was Johnson, Harrang & Mercer, Eugene.

Resubmitted In Banc September 16, 1977.

JOHNSON, Judge.

Petitioner appeals from a referee's decision finding that respondent, Northwest Christian College, was not an employer subject to taxes under the Unemployment Compensation Act because of ORS 657.072(1)(a)(B) which provides:

"(1) `Employment' does not include service performed for a nonprofit employing unit if such service is performed: "(a) In the employ of "* * *

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