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COOK v. EMPLOYMENT DIVISION

CA 16099; SC 27769.

643 P.2d 1271 (1982)

293 Or. 1

Bill A. COOK, Petitioner On Review, v. EMPLOYMENT DIVISION, Raymond P. Thorne, Assistant Director, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided April 27, 1982.

Attorney(s) appearing for the Case

Tom Steenson, Oregon Legal Services, The Dalles, argued the cause for petitioner on review. With him on the briefs were Amy Veranth, Multnomah County Legal Aid Service, Portland, and Robert A. Payne and David L. Slansky, Oregon Legal Services, McMinnville. On the brief in the Court of Appeals was David L. Slansky, Oregon Legal Services, McMinnville.

Stanton Long, Deputy Atty. Gen., Salem, argued the cause for respondent on review. On the brief was Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem. On the briefs in the Court of Appeals were James M. Brown, Atty. Gen., Walter L. Barrie, Sol. Gen., and James C. Rhodes, Asst. Atty. Gen., Salem.

LENT, Justice.

We review a decision of the Court of Appeals construing ORS 183.495, which provides:

"Upon judicial review of a final order of an agency when the reviewing court reverses or remands the order it may, in its discretion, award costs, including reasonable attorney's fees, to the petitioner to be paid from funds appropriated to the agency."

Petitioner initially sought judicial review of an Employment Division order, affirmed by the Employment...

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