BEAUNIT MILLS, INC. v. BD., DEPT. OF LABOR AND INDUS.


38 N.J. Super. 547 (1956)

120 A.2d 48

BEAUNIT MILLS, INC., APPELLANT, v. BOARD OF REVIEW, DIVISION OF EMPLOYMENT SECURITY, DEPARTMENT OF LABOR & INDUSTRY, STATE OF NEW JERSEY, ET ALS., RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 6, 1956.


Attorney(s) appearing for the Case

Mr. George Heftler argued the cause for Beaunit Mills, Inc., appellant on all appeals (Messrs. Platoff, Platoff & Heftler, attorneys; Mr. S. David Harrison, on the brief).

Mr. Clarence F. McGovern argued the cause for respondents Board of Review, Division of Employment Security, Department of Labor & Industry, State of New Jersey, et als.

Before Judges CLAPP, JAYNE and FRANCIS.


The opinion of the court was delivered by FRANCIS, J.A.D.

The ten employees, who are respondents here, were granted unemployment compensation by the Division of Employment Security. On this appeal the sole contention is that the award was improper because of N.J.S.A. 43:21-5(b) which provides:

"An individual shall be disqualified for benefits:

* * * * * * * *

(b) For the week in which he has been discharged for misconduct...

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