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BURNS BROS., INC. v. EMPLOYMENT DIV.

89-AB-50; CA A51155.

784 P.2d 117 (1989)

99 Or.App. 714

BURNS BROTHERS, Inc., Petitioner, v. EMPLOYMENT DIVISION AND GREGORY W. CHASE, Respondents.

Court of Appeals of Oregon.

Decided December 20, 1989.

Attorney(s) appearing for the Case

Barrie J. Herbold, Portland, argued the cause for petitioner. With her on the brief were Christine T. Herrick and Markowitz, Herbold, Stafford & Glade, P.C., Portland.

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

No appearance for respondent Gregory W. Chase.

Before JOSEPH, C.J., and NEWMAN and DEITS, JJ.

NEWMAN, Judge.

Employer seeks review of an order of the Employment Appeals Board that affirmed the referee's decision that claimant was not disqualified from receiving unemployment benefits. We reverse and remand for reconsideration.

EAB made these findings of fact:

"(1) Claimant worked for this employer from April 22, 1987, to October 11, 1988. At the time he was discharged, claimant was working as a line cook. (2) On the morning of October 11, 1988...

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