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EMPLOYMENT DIVISION v. SMITH

Nos. 82-AB-263 to 82-AB-265, 82-AB-262; CAA24394 (Control) and A24396.

666 P.2d 1369 (1983)

64 Or.App. 33

EMPLOYMENT DIVISION, Petitioner, v. James SMITH, Eloise B. Miller, and Sandra S. Garrett, Respondents. Employment Division, Petitioner, v. Virginia M. Underhill, Respondent.

Court of Appeals of Oregon.

Decided July 27, 1983.

Attorney(s) appearing for the Case

Virginia L. Linder, Asst. Atty. Gen., Salem, argued the cause for petitioner. With her on the brief were Dave Frohnmayer, Atty. Gen., Stanton F. Long, Deputy Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Larry T. Coady, Albany, argued the cause and filed the brief for respondents James S. Smith, Eloise B. Miller and Sandra S. Garrett.

No appearance for respondent Virginia M. Underhill.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

The Employment Division (Division) seeks judicial review of two orders of the Employment Appeals Board (EAB), consolidated for purposes of review, involving four claims for unemployment compensation benefits. EAB's orders set aside the Division's amended decisions concerning eligibility of claimants for benefits and reinstated the Division's initial eligibility decisions on the ground that the Division had no authority to withdraw and amend its initial...

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