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BLACK v. EMPLOYMENT DIV.

EAB 84-AB-161; CA A31186; SC S32482.

721 P.2d 451 (1986)

301 Or. 221

Galen W. BLACK, Respondent on review, v. EMPLOYMENT DIVISION, DEPARTMENT OF HUMAN RESOURCES, Ray Thorne, Administrator, Petitioners on review. and ADAPT, Respondent (below).

Supreme Court of Oregon.

Decided June 24, 1986.

Reconsideration Denied September 3, 1986.

Attorney(s) appearing for the Case

James E. Mountain, Jr., Sol. Gen., Salem, argued the cause for petitioner on review. With him on the petition for review were Dave Frohnmayer, Atty. Gen., and Michael D. Reynolds and Jeff Bennett, Asst. Attys. Gen., Salem.

David Morrison, of Heiling & Morrison, P.C., Roseburg, argued the cause for respondent on review.

David M. Gordon, of Thorp, Dennett, Purdy, Golden & Jewett, P.C., Springfield, filed a brief amicus curiae on behalf of American Civil Liberties Union.

Before PETERSON, C.J., and LENT, LINDE, CAMPBELL, CARSON and JONES, JJ.

JONES, Justice.

This is a companion case to Smith v. Employment Division, 301 Or. 209, 721 P.2d 445 (1986) (decided this date). Claimant appealed an Employment Appeals Board (EAB) order denying unemployment compensation benefits. Claimant's employer discharged him for ingesting peyote during a Native American Church ceremony.

The employer, Douglas...

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