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TREBESCH v. EMPLOYMENT DIVISION

EAB 83-AB-586-A; CA A28498.

683 P.2d 1018 (1984)

Roland I. TREBESCH, Petitioner, v. EMPLOYMENT DIVISION, Raymond P. Thorne, Assistant Director, Department of Human Resources, Respondent.

Court of Appeals of Oregon.

Argued and Submitted January 13, 1984.

Reconsideration Denied July 27, 1984.

Attorney(s) appearing for the Case

Michael H. Marcus, Portland, argued the cause for petitioner. With him on the briefs was Terri K. Borchers, Portland.

Michael D. Reynolds, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Judith Tegger, Asst. Atty. Gen., Salem.

Before GILLETTE, P.J., JOSEPH, C.J., and YOUNG, J.

JOSEPH, Chief Judge.

Petitioner appeals from an Employment Appeals Board order denying his claim for extended unemployment compensation benefits. We reverse and remand for reconsideration under an appropriate rule.

ORS 657.325(6)(b) provides:

"(6) * * * [A]n individual shall be ineligible for payment of extended benefits * * * if the assistant director finds that during such week: "* * * "(b) The individual failed to actively engage...

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