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TEXAS EMPLOYMENT COMMISSION v. HOLBERG

No. B-1256.

440 S.W.2d 38 (1969)

TEXAS EMPLOYMENT COMMISSION, Petitioner, v. Anton F. HOLBERG et al., Respondents.

Supreme Court of Texas.

Rehearing Denied May 21, 1969.

Attorney(s) appearing for the Case

Crawford Martin, Atty. Gen., Sam Lane, Asst. Atty. Gen., Austin, for petitioner.

Sam Houston Clinton, Jr., Austin, for respondents.

GREENHILL, Justice.

This is an action for benefits under the Unemployment Compensation Act, Article 5221b-1 and articles which follow1 instituted by Anton F. Holberg and W. D. Smith. Both claimants retired as machinists from the American Bridge Company at age 69. A few days after retirement, each man filed a claim for unemployment benefits. Both were ruled to be ineligible to receive benefits because they were not "available for work"...

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