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OREGON OCCUPATIONAL SAFETY & HEALTH v. DON WHITAKER LOGGING, INC.

(SH-91058; CA A90413; SC S44586)

985 P.2d 1272 (1999)

329 Or. 256

OREGON OCCUPATIONAL SAFETY & HEALTH DIVISION, Petitioner on Review, v. DON WHITAKER LOGGING, INC., Respondent on Review.

Supreme Court of Oregon.

Decided August 5, 1999.

Attorney(s) appearing for the Case

Jas. J. Adams, Assistant Attorney General, Salem, argued the cause for petitioner on review. Erika L. Hadlock, Assistant Attorney General, filed the briefs for petitioner on review. With her on the petition for review were Hardy Myers, Attorney General, Virginia L. Linder, Solicitor General. With her on the brief on the merits were Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Jas. J. Adams, Assistant Attorney General.

Elliott C. Cummins, of Cummins, Goodman, Fish & Platt, P.C., McMinnville, argued the cause and filed the briefs for respondent on review.

Before, CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, and DURHAM, Justices.

VAN HOOMISSEN, J.

Petitioner, Oregon Occupational Safety and Health Division (OR-OSHA), seeks judicial review of a Court of Appeals' decision affirming an order of an administrative law judge (ALJ) that dismissed a citation charging respondent, Don Whitaker Logging Company (employer), with violations of several safety rules under the Oregon Safe Employment Act (OSEA).1 OR-OSHA v. Don Whitaker Logging, Inc., 148...

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