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PALMER v. EMPLOYMENT DIVISION

No. 79-AB-139; CA 13476.

596 P.2d 1330 (1979)

41 Or.App. 113

Daniel T. PALMER, Petitioner, v. EMPLOYMENT DIVISION and City of Albany, Respondents.

Court of Appeals of Oregon, In Banc.

Decided July 16, 1979.

Resubmitted without Oral Argument July 10, 1979.

Attorney(s) appearing for the Case

Larry T. Coady, Albany, argued the cause for petitioner. With him on the brief was Coady & Moore, Albany.

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

Merle A. Long, City Atty., Albany, waived appearance for respondent City of Albany.

Resubmitted In Banc without Oral Argument July 10, 1979.

PER CURIAM.

The issue here is whether petitioner was "* * * discharged for misconduct connected with his work * * *,"1 ORS 657.176(2)(a).

Reversed and remanded for reconsideration in light of Oliver v. Employment Division, 40 Or.App. 487, 595 P.2d 1252 (1979).

JOSEPH, Judge, dissenting...

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