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NYGAARD LOGGING CO., INC. v. STATE, DEPARTMENT OF CONSUMER AND BUSINESS

(97C-10448; CA A98942)

995 P.2d 589 (2000)

165 Or. App. 90

NYGAARD LOGGING COMPANY, INC., an Oregon corporation, Respondent, v. STATE of Oregon, acting By and Through the DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH, Appellant.

Court of Appeals of Oregon.

Decided January 19, 2000.

Attorney(s) appearing for the Case

Jas. Jeffrey Adams, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Elliott C. Cummins argued the cause for respondent. With him on the brief was Cummins, Goodman, Fish & Platt, P.C.

Before De MUNIZ, Presiding Judge, and HASELTON and WOLLHEIM, Judges.

HASELTON, J.

This case arises from an Oregon Occupational Safety and Health Division (OR-OSHA) investigation of an accident that occurred in August 1996 at a work site operated by petitioner, Nygaard Logging Company, Inc. OR-OSHA appeals from the trial court's issuance of a permanent injunction prohibiting OR-OSHA from (1) conducting informal interviews of petitioner's employees pursuant to ORS 654.067(1)(b) without an "employer representative" present; and (2) subpoenaing...

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