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KAIB'S ROVING v. EMPLOYMENT DEPT.

(96-T-0123A; CA A110993; SC S51078, S51165).

111 P.3d 739 (2005)

338 Or. 433

KAIB'S ROVING R.PH. AGENCY, INC., Petitioner on Review/Respondent on Review, v. EMPLOYMENT DEPARTMENT, Respondent on Review/Petitioner on Review.

Supreme Court of Oregon.

Decided April 28, 2005.

Attorney(s) appearing for the Case

James E. Mountain, Jr., of Harrang Long Gary Rudnick P.C., Portland, argued the cause and filed the brief for petitioner on review/respondent on review Kaib's Roving R.Ph. Agency, Inc. With him on the briefs on the merits were Craig A. Etter, pro hac vice, of Greenberg Traurig, LLP, McLean, Virginia, and Harvey J. Shulman, pro hac vice, Washington, D.C.

Denise G. Fjordbeck, Assistant Attorney General, Salem, argued the cause and filed the briefs for respondent on review/petitioner on review Employment Department. With her on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Joseph H. Hobson, Jr., Salem, filed briefs for amicus curiae Oregon Farm Bureau Federation.

Ross Day, Tigard, filed a brief for amicus curiae Oregonians in Action Legal Center.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, DE MUNIZ, and BALMER, Justices.

GILLETTE, J.

This is an attorney fee dispute arising out of a judicial review proceeding in which the Court of Appeals vacated and remanded for reconsideration an order of the Employment Department (department) that affirmed an unemployment tax assessment against petitioner. The party that obtained the remand, Kaib's Roving R.Ph. Agency, Inc. (petitioner), sought attorney fees and costs under either ORS 183.497(1)(a) or ...

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