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PHILOMATH FOREST PRODUCTS v. EMPLOYMENT DIV.

86-AB-869-A, 86-AB-869; CA A41934.

745 P.2d 440 (1987)

88 Or.App. 368

PHILOMATH FOREST PRODUCTS Co., Petitioner, v. EMPLOYMENT DIVISION AND STEVEN L. SMITH, Respondents.

Court of Appeals of Oregon.

November 18, 1987.

Attorney(s) appearing for the Case

David C. Force, Eugene, for motion.

Before YOUNG, P.J., and WARREN and DEITS, JJ.

On Respondent Smith's motion for Award of Costs August 10, 1987.

PER CURIAM.

Although respondent Smith prevailed at all levels in this case, costs may not be awarded against the Employment Division, because the Division did not take a position that was adverse to him. Hoard v. Employment Division, 82 Or.App. 718, 729 P.2d 593 (1986...

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