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BROADWAY DELUXE CAB v. NATIONAL COUNCIL

89-09-26; CA A68146.

833 P.2d 1303 (1992)

113 Or. App. 482

In the Matter of the Petition of BROADWAY DELUXE CAB COMPANY, aka Broadway Enterprises, Inc., dba Broadway Cab Cooperative and dba Broadway Cooperative, Inc., Petitioner, v. The filings of the NATIONAL COUNCIL ON COMPENSATION INSURANCE, Respondent below, and SAIF Corporation, Respondent.

Court of Appeals of Oregon.

Decided June 24, 1992.

Attorney(s) appearing for the Case

William F. Hoelscher, Portland, argued the cause for petitioner. With him on the brief was Hoelscher & Associates, Portland.

David L. Runner, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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

WARREN, Presiding Judge.

Broadway Deluxe Cab Company (Broadway) petitions for review of a Department of Insurance and Finance (DIF) order directing it to pay SAIF, its workers' compensation carrier, premiums for its "shift lease" taxi drivers. We reverse and remand.

There are no material factual disputes. Broadway owns taxi permits issued by the City of Portland. Each permit allows Broadway to operate one taxi, 24 hours a day. Because Broadway owns no taxis...

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