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HERTEL v. EMPLOYMENT DIVISION

EAB 85-AB-1150; CA A37224; SC S33266.

730 P.2d 35 (1986)

302 Or. 456

Joseph A. HERTEL, Respondent On Review, v. EMPLOYMENT DIVISION, Respondent, and Viking Industries, Petitioner On Review.

Supreme Court of Oregon.

Decided December 30, 1986.

Attorney(s) appearing for the Case

Richard C. Hunt, Thomas W. Sondag, and Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland, for petitioner on review.

No appearance contra.

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

Petition for review denied.

PETERSON, C.J., dissented and filed an opinion, in which JONES, J., joined.

PETERSON, Chief Justice, dissenting.

I would allow review.

The Court of Appeals remanded this case to the agency because it believed that the agency had failed to address claimant's contention that he had to leave work to care for his children. It stated:

"Claimant contends that, due to the irregularity of his work schedule, he was...

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