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WATKINS v. BOARD OF REVIEW

No. 43,104

191 Kan. 223 (1963)

380 P.2d 329

L. FISK WATKINS, SR., Appellant, v. THE BOARD OF REVIEW OF THE EMPLOYMENT SECURITY DIVISION OF THE LABOR DEPARTMENT OF THE STATE OF KANSAS; M.R. LEE; L.M. WELTMER; and R.F. OLBERDING, as members of said Board, and BEECH AIRCRAFT, a Corporation, Appellees.

Supreme Court of Kansas.

Opinion filed April 6, 1963.

Attorney(s) appearing for the Case

Walter F. McGinnis, of El Dorado, argued the cause, and Allyn M. McGinnis, of El Dorado, was with him on the briefs for the appellant.

Lynn D. Smith, of Topeka, argued the cause, and F. Duane Roberts, of Topeka, and Joseph S. Payne, of Kansas City, were with him on the briefs for the appellee board of review of the employment security division.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal from the judgment of the trial court denying benefits to plaintiff for the period from October 30, 1960, to February 4, 1961, under the employment security law. (G.S. 1949, 44-701, et seq.; as amended in G.S. 1961 Supp., and particularly 44-709 [h].)

The first matter to be considered relates to plaintiff's right to proceed by reason of his failure to exhaust his remedies before...

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