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PRECISION CASTPARTS CORP. v. EMP. DIV.

87-AB-512; CA A44046.

746 P.2d 740 (1987)

88 Or.App. 562

PRECISION CASTPARTS CORP., an Oregon Corporation, Petitioner, v. EMPLOYMENT DIVISION, and Richard P. Cullison, Claimant, Respondents.

Court of Appeals of Oregon.

Decided December 9, 1987.

Attorney(s) appearing for the Case

Susan P. Graber, Portland, argued the cause for petitioner. With her on the briefs was Stoel, Rives, Boley, Jones & Grey, Portland.

Dave Frohnmayer, Atty. Gen., and Jerome Lidz, Asst. Atty. Gen., Salem, waived appearance for respondent Employment Div.

No appearance for respondent Richard P. Cullison.

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

WARREN, Judge.

Employer seeks review of an order of the Employment Appeals Board affirming the referee's determination that claimant is eligible to receive unemployment compensation, because he was discharged for an isolated instance of poor judgment rather than for misconduct. ORS 657.176(2); OAR 471-30-038(3). Because we conclude that there are questions of credibility which the referee did not address and because the referee reached a conclusion that does not follow...

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