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J.R. SIMPLOT CO. v. EMPLOYMENT DIV.

89-AB-1168; CA A62424.

795 P.2d 579 (1990)

102 Or.App. 523

J.R. SIMPLOT CO., Petitioner, v. EMPLOYMENT DIVISION AND ARLEN R. BISCHKE, Respondents.

Court of Appeals of Oregon.

Decided July 25, 1990.

Attorney(s) appearing for the Case

Kenneth L. Kleinsmith, Portland, argued the cause, for petitioner. With him on the brief, was Meyers & Radler, Portland.

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

No appearance for respondent Bischke.

Before GRABER, P.J., Pro Tem., JOSEPH, C.J., and EDMONDS, J.

JOSEPH, Chief Judge.

In this unemployment compensation case, employer seeks review of an Employment Appeals Board order affirming the referee's decision and awarding claimant benefits on the ground that he had been discharged.1

EAB made these findings of fact:

"(1) The claimant was employed by the above employer from January 21, 1977, to June 9, 1989. Claimant last held the position of senior warehouse supervisor with...

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