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PAC. MOTOR TRUCKING CO. v. BUR. OF LABOR

No. 16-78; CA A25781.

668 P.2d 446 (1983)

64 Or.App. 361

PACIFIC MOTOR TRUCKING COMPANY, Petitioner, v. BUREAU OF LABOR AND INDUSTRIES, Respondent.

Court of Appeals of Oregon.

Decided August 24, 1983.

Reconsideration Denied September 30, 1983.

Review Denied October 18, 1983.

Attorney(s) appearing for the Case

Jeffrey M. Batchelor, Portland, argued the cause for petitioner. With him on the brief were Laurence F. Janssen, Richard C. Hunt, and Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland.

William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before RICHARDSON, P.J., and VAN HOOMISSEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

Employer Pacific Motor Trucking Company (PMT) seeks review of an order of the Commissioner of the Bureau of Labor and Industries issued pursuant to ORS 659.400 et seq., finding that it unlawfully discharged John D. McKay because of his back condition. At that time ORS 659.425(1) provided:

"It is an unlawful employment practice for any employer to refuse to hire, employ or promote or to bar, discharge, dismiss, reduce in...

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