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BOOTZ MFG. CO. v. REV. BD. EMP. SEC. DIV. ET AL.

No. 567A1.

143 Ind. App. 17 (1968)

237 N.E.2d 597

BOOTZ MANUFACTURING CO., INC. v. REVIEW BD. OF EMPLOYMENT SECURITY DIV. ET AL.

Court of Appeals of Indiana.

Rehearing denied July 2, 1968.

Transfer denied October 9, 1968.

Attorney(s) appearing for the Case

Arthur R. Donovan, Harry P. Dees, Joseph A. Yocum and Kahn, Dees, Donovan & Kahn, of counsel, of Evansville, for appellants. William E. Roberts, D. Reed Scism and Roberts & Ryder, of counsel, of Indianapolis, Amicus Curiae for Indiana Manufacturers Association and Indianapolis Chamber of Commerce.

Wilbur F. Dassel and Winfield K. Denton, of Evansville, for appellees. John J. Dillon, Attorney General and William E. Matheny, Deputy Attorney General, for the Review Board. Edward J. Fillenwarth, Edward J. Fillenwarth, Jr. and Fillenwarth & Fillenwarth, of counsel, of Indianapolis, Amicus Curiae for Indiana Conference of Teamsters. Lloyd D. DeWester, Jr., Albert J. Schlitt and DeWester, Raftery & Andrews, of counsel, Amicus Curiae for Indiana State A.F.L.C.I.O.

PRIME, J.

This action is an appeal from a decision of the Review Board of the Indiana Employment Security Division rendered April 10, 1967. The decision held that the appellees were entitled to benefits under the statute.

The motion of the appellees to affirm the judgment, which has previously been held in abeyance, is now overruled.

The decision, omitting formal parts, was as follows:

"The point...

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