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MILLER v. EMPLOYMENT DIVISION

No. 79-AB-380; CA 14548; SC 27075.

620 P.2d 1377 (1980)

290 Or. 285

Gregory L. MILLER, Respondent, v. EMPLOYMENT DIVISION and Union Gospel Mission of Portland, Petitioners.

Supreme Court of Oregon.

Decided December 30, 1980.

Attorney(s) appearing for the Case

Paul R. Romain, Portland, argued the cause for petitioner Union Gospel Mission of Portland. With him on the brief were Ronald K. Ragen, and Ragen, Roberts, O'Scannlain, Robertson & Neill, Portland.

William F. Gary, Asst. Atty. Gen., Salem, argued the cause for petitioner Employment Division. On the brief were James A. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen., and W. Benny Won, Asst. Atty. Gen., Salem.

L. Ramsay Weit, Legal Aid Service, Portland, argued the cause and filed briefs for respondent.

Before TONGUE, Presiding C.J., and HOWELL, LENT, LINDE, PETERSON, and TANZER, JJ.

TANZER, Justice.

We review the decision of the Court of Appeals reversing an administrative order of the Employment Appeals Board (EAB) in a contested case denying unemployment compensation to claimant. The issue is whether services performed by claimant for his former employer are covered employment for the purposes of unemployment compensation pursuant to ORS 657.072. The answer depends upon determination of the validity of the Employment Division's administrative...

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