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KERLEY v. REAL ESTATE AGENCY

(Agency No. 200003-R-098C; CA A115200; SC S49995).

96 P.3d 1211 (2004)

337 Or. 309

Paul A. KERLEY, Respondent on Review, v. REAL ESTATE AGENCY, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided September 10, 2004.

Attorney(s) appearing for the Case

Philip Schradle, Special Counsel to the Attorney General, Salem, argued the cause and filed the brief for petitioner on review. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Andrew P. Ositis, Salem, argued the cause and filed the brief for respondent on review.

Andrea L. Bushnell and Matt Farmer, Salem, filed the brief for amicus curiae Oregon Association of Realtors.

GILLETTE, J.

This is a case of judicial review of a final order of the Real Estate Commissioner (the commissioner). The order revoked the real estate salesperson's and real estate broker's licenses of respondent Kerley, based on Kerley's embezzlement of funds belonging to two partnerships of which Kerley was a member. Kerley had committed the acts of embezzlement before he received his real estate licenses. On Kerley's petition for judicial review, the Court of Appeals...

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