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KIRKPATRICK v. PEET

247 Or. 204 (1967)

428 P.2d 405

KIRKPATRICK, Respondent, v. PEET, Appellant.

Supreme Court of Oregon.

Reversed June 2, 1967.

Attorney(s) appearing for the Case

Clarence R. Kruger, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief were Robert Y. Thornton, Attorney General, and E. Nordyke, Assistant Attorney General and Chief Counsel for Department of Employment Commissioner, Salem.

Randall S. Jones, Portland, argued the cause for respondent. On the brief were Garthe Brown and James R. Carskadon, Jr., Portland.

Before PERRY, Chief Justice, and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and LUSK, Justices.

REVERSED.

O'CONNELL, J.

This is an appeal by J.N. Peet, Department of Employment Commissioner, from a decree of the Circuit Court for Marion County declaring that plaintiff was not an employer subject to the Unemployment Insurance Act (ORS Ch 657). The decree reversed the Department's decision that the services performed by certain individuals for plaintiff constituted employment within the meaning of ORS Ch 657.

Plaintiff is the distributor for Kirby...

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