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TAYLOR v. EMPLOYMENT DIVISION

No. 83-AB-329; CA A27543.

674 P.2d 64 (1984)

66 Or.App. 313

James G. TAYLOR, Petitioner, v. EMPLOYMENT DIVISION and Oregon Liquor Control Commission, Respondents.

Court of Appeals of Oregon.

Decided January 4, 1984.

Attorney(s) appearing for the Case

James G. Taylor, filed the brief pro se for petitioner.

Michael D. Reynolds, Asst. Atty. Gen., Salem, waived appearance for respondent Employment Div.

No appearance for respondent Oregon Liquor Control Com'n.

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

GILLETTE, Presiding Judge.

We reverse and remand this unemployment insurance case for reconsideration because the referee's decision, which the Employment Appeals Board (EAB) adopted on review, ignores a crucial undisputed fact. When that fact is included, we cannot say that the nexus between the agency's reasoning and the facts is rational, and therefore we cannot say that the order is supported by substantial evidence in the record as a whole. McCann v. OLCC...

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