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OLIVER v. EMPLOYMENT DIVISION

No. 78-AB-1062; CA 12752.

595 P.2d 1252 (1979)

40 Or.App. 487

Charles C. OLIVER, Petitioner, v. EMPLOYMENT DIVISION and Raymond Thorne, Administrator, Respondent.

Court of Appeals of Oregon.

Decided June 11, 1979.

Attorney(s) appearing for the Case

Leilan J. Greer, Oregon Legal Services, Pendleton Regional Office, Pendleton, argued the cause and filed briefs, for petitioner.

James C. Rhodes, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on brief, were James A. Redden, Atty. Gen. and Walter L. Barrie, Sol. Gen., Salem.

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

SCHWAB, Chief Judge.

Claimant appeals from a split decision of the Employment Appeals Board denying his claim for unemployment compensation. The reason for the denial was the conclusion of the authorized representative of the assistant director of the Employment Division, the referee and Board majority that claimant was not "available for," or "actively seeking," employment within his geographic "labor market." We conclude, applying the test of McPherson v. Employment...

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