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NIDA v. BUREAU OF LABOR AND INDUSTRIES

23-90; CA A65774.

826 P.2d 1045 (1992)

112 Or.App. 1

Neal M. NIDA and Cheryl A. Nida, Dba 60 Minute Tune, Petitioners, v. BUREAU OF LABOR AND INDUSTRIES and William Melton, Respondents.

Court of Appeals of Oregon.

Decided March 4, 1992.

Attorney(s) appearing for the Case

John M. Petshow and Bullock and Regier, Portland, for the petition.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and John Reuling, Asst. Atty. Gen., Salem, contra.

No appearance for respondent Melton.

Before ROSSMAN, P.J., and RIGGS and EDMONDS, JJ.

On Petitioners' Petition for Review of Order of Dismissal August 21, 1991.

ROSSMAN, Presiding Judge.

Employers seek Supreme Court review of our order dismissing their petition for judicial review. We allow reconsideration, ORAP 9.15(1), and vacate the order of dismissal.

The issue is whether, under the Administrative Procedures Act, ORS chapter 183, if a petition for review is filed and the agency then withdraws its order and issues an order on reconsideration...

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