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RSMJ, INC. v. EMPLOYMENT DIVISION

580 P.2d 1055 (1978)

35 Or. App. 105

RSMJ, INC., a Corporation, Dba Sacks Front Avenue, Petitioner, v. EMPLOYMENT DIVISION, Respondent.

Court of Appeals of Oregon.

Decided July 5, 1978.

Attorney(s) appearing for the Case

Alfred A. Hampson, Portland, argued the cause for petitioner. With him on the brief were Richard V. Bayless and Hampson & Bayless, Portland.

Jan P. Londahl, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

Before SCHWAB, C.J., and LEE, RICHARDSON and JOSEPH, JJ.

RICHARDSON, Judge.

Petitioner appeals an order of the Employment Division referee pursuant to ORS 657.684 and ORS chapter 183. The order appealed from determined that petitioner was a "successor-in-interest" to an employing enterprise under ORS 657.480 and is required to assume the unfavorable experience rating of that employer for the purposes of calculating unemployment compensation taxes.

Prior to March, 1976, Frankenstein's, a restaurant and tavern, was...

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