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CITY OF PORTLAND v. EMPLOYMENT DIVISION

EAB 88-AB-376; CA A48102.

765 P.2d 222 (1988)

94 Or.App. 279

CITY OF PORTLAND, Petitioner, v. EMPLOYMENT DIVISION and Robert D. Clary, Respondents.

Court of Appeals of Oregon.

Decided December 7, 1988.

Attorney(s) appearing for the Case

Liana Colombo, Deputy City Atty., Portland, filed the brief for petitioner.

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for respondent Employment Div. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Greg O'Neill, Bend, argued the cause and filed the brief for respondent Robert D. Clary.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

Employer seeks review of EAB's decision that claimant, who was discharged as a police officer for unlawful possession and use of cocaine and for other related violations of employer's rules, is eligible for unemployment compensation. EAB found that claimant was addicted to alcohol and cocaine and that, because of his addiction, his misconduct was not "wilful."

In James River Corporation...

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