ACIERNO v. FIREPROOFING CO.

No. 35099.

166 Ohio St. 538 (1957)

ACIERNO, APPELLEE, v. GENERAL FIREPROOFING CO., APPELLEE; ADMR., BUREAU OF UNEMPLOYMENT COMPENSATION, APPELLANT.

Supreme Court of Ohio.

Decided July 10, 1957.


Attorney(s) appearing for the Case

Mr. Herschel Kriger, for appellee John S. Acierno.

Messrs. Harrington, Huxley & Smith and Mr. Jay Brownlee, for appellee General Fireproofing Company.

Mr. William Saxbe, attorney general, and Mr. John W. Hardwick, for appellant.


HERBERT, J.

The question of availability for work is not raised in this case. The only issue centers around the language of Section 4141.29, Revised Code, the pertinent part of which provides:

"(C) Notwithstanding division (A) of this section, no individual may serve a waiting period or be paid benefits for the duration of any period of unemployment with respect to which the administrator finds that such individual:

"* * *

"(8) Has left his...

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