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MAY TRUCKING CO. v. EMPLOYMENT DEPT.

09AB1904, 10AB0690; A142901.

284 P.3d 553 (2012)

251 Or. App. 555

MAY TRUCKING COMPANY, Petitioner, v. EMPLOYMENT DEPARTMENT and William Hames, Respondents.

Court of Appeals of Oregon.

Decided August 8, 2012.

Attorney(s) appearing for the Case

Gordon T. Carey, Jr. , Portland, argued the cause and filed the reply for petitioner. With him on the opening brief was Christopher J. Simons .

Judy C. Lucas , Assistant Attorney General, argued the cause for respondent Employment Department. With her on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

No appearance for respondent William Hames.

Before ORTEGA, Presiding Judge, and BREWER, Judge, and SERCOMBE, Judge.

BREWER, J.

Employer May Trucking Company petitions for judicial review of an order of the Employment Appeals Board (EAB) determining that claimant is eligible for unemployment benefits. Employer contends that claimant is not eligible for unemployment benefits because the services that he performed for employer fall within an exemption for "for-hire carriers" under ORS 657.047(1)(b). The facts are not in dispute; the parties' arguments concern whether EAB correctly...

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