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NICHOLS v. EMPLOYMENT DIVISION

85-AB-1612, CA A38186.

729 P.2d 13 (1986)

82 Or.App. 662

Richard D. NICHOLS, Petitioner, v. EMPLOYMENT DIVISION and Boise Cascade Corporation, Respondents.

Court of Appeals of Oregon.

Decided December 4, 1986.

Attorney(s) appearing for the Case

Michael A. Lehner, Portland, argued the cause for appellant. On the brief were Barry F. Shanks, and Mitchell, Lang & Smith, Portland.

John T. Sahlberg, Boise, Idaho, argued the cause for respondent Boise Cascade Corp. With him on the brief were Thomas E. Ewing, and Garrett, Seideman, Hemann, Robertson & DeMuniz, P.C., Salem.

No appearance for respondent Employment Div.

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

ROSSMAN, Judge.

Petitioner seeks review of an Employment Appeals Board (EAB) order affirming a hearings officer's denial of unemployment compensation. Because the findings of fact adopted by EAB do not and cannot support its conclusion, we reverse.

The findings of fact are not in dispute. Petitioner was dissatisfied with the performance of his immediate supervisor. On October 30, 1984, he wrote a memorandum to Dahl which stated: "Unless there is a change in...

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