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SHETTERLY, IRICK & SHETTERLY v. EMP. DIV.

84-AB-1319; CA A33476; SC S32662.

727 P.2d 117 (1986)

302 Or. 139

SHETTERLY, IRICK & SHETTERLY, Respondent on review, v. EMPLOYMENT DIVISION, Respondent on review, and Brian M. Keith, Petitioner on review.

Supreme Court of Oregon, In Banc.

Decided October 28, 1986.

Attorney(s) appearing for the Case

James L. Edmunson, Eugene, argued the cause for petitioner on review. With him on the petition and memorandum was Malagon & Moore, Eugene.

Richard Wasserman, Asst. Atty. Gen., Salem, argued the cause for respondent on review Employment Div. With him on the memorandum was David Frohnmayer, Atty. Gen., Salem, and James E. Mountain, Jr., Sol. Gen., Salem.

Stephen F. Mannenbach, Dallas, waived appearance for respondent on review Shetterly, Irick & Shetterly.

GILLETTE, Justice.

This case presents the question whether the Court of Appeals has the statutory authority to award costs against a private party in a contested case arising under Oregon's Administrative Procedures Act (APA). We hold that it does not and, therefore, reverse that court's order awarding costs in this case.

Claimant, petitioner in this appeal, worked as a law clerk for the law firm of Shetterly, Irick & Shetterly (employer). After his employment...

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