ARIZONA DEPT. OF ECONOMIC SECURITY v. LIDBACK

No. 1 CA-CIV 2819.

26 Ariz. App. 143 (1976)

546 P.2d 1152

ARIZONA DEPARTMENT OF ECONOMIC SECURITY, successor agency to the Employment Security Commission of Arizona, Appellant, v. John B. LIDBACK, Appellee.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied April 14, 1976.

Review Denied May 18, 1976.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by Frank J. Sagarino, Asst. Atty. Gen., Phoenix, for appellant.

Edward E. Selden, Phoenix, for appellee.


OPINION

FROEB, Judge.

The Arizona Department of Economic Security (referred to as "the Department") appeals from a superior court judgment reversing a decision of the Department to recoup certain unemployment benefits paid to appellee.

On October 13, 1971, appellee was involuntarily discharged from his employment with the United States Postal Service for alleged inefficiency. Four days later, appellee filed a claim with the Department for unemployment...

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