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STATE EX REL. ACC. PREVENTION, ETC. v. FOSTER

570 P.2d 398 (1977)

31 Or.App. 291

STATE of Oregon, ex rel. Accident Prevention Division of the Workmen's Compensation Board, Appellant, v. Keith R. FOSTER Dba Keith Manufacturing Co., Respondent.

Court of Appeals of Oregon.

Decided October 24, 1977.

Attorney(s) appearing for the Case

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Robert E. Babcock, Portland, argued the cause for respondent. With him on the brief was Lindsay, Nahstoll, Hart & Krause, Portland.

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

TANZER, Judge.

The state, on behalf of the Accident Prevention Division of the Workers' Compensation Board, appeals from an order following a show cause hearing denying enforcement of a search warrant and declaring a portion of the Oregon Safe Employment Act (OSEA) unconstitutional. The trial court found that the first clause of ORS 654.206(2) violates the Fourth Amendment to the United States Constitution and the Oregon Constitution, Art. I, § 9, because it...

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