
    On respondent Smith’s motion for award of costs filed August 10,
    opinion at 86 Or App 678, 741 P2d 912,
    motion for costs denied November 18, 1987
    PHILOMATH FOREST PRODUCTS CO., Petitioner, v. EMPLOYMENT DIVISION et al, Respondents.
    
    (86-AB-869-A, 86-AB-869; CA A41934)
    745 P2d 440
    David C. Force, Eugene, for motion.
    Before Young, Presiding Judge, and Warren and Deits, Judges.
    PER CURIAM
   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 P2d 593 (1986). Neither may costs be awarded against petitioner, a private party. Shetterly, Irick & Shetterly v. Emp. Div., 302 Or 139, 727 P2d 117 (1986).

Motion for costs denied.  