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AVERY v. B & B RENTAL TOILETS

No. 11917.

549 P.2d 270 (1976)

97 Idaho 611

William AVERY, Claimant-Appellant, v. B & B RENTAL TOILETS, Employer, and Department of Employment, Defendants-Respondents.

Supreme Court of Idaho.

May 4, 1976.

Attorney(s) appearing for the Case

Louis Garbrecht, III, Idaho Legal Aid Services, Inc., Twin Falls, for claimant-appellant.

R. LaVar Marsh, Raymond N. Malouf, Asst. Attys. Gen., Dept. of Employment, Boise, for defendants-respondents.

BEEBE, District Judge.

This is an appeal from an order of the Industrial Commission denying unemployment insurance benefits to claimant-appellant William Avery (hereinafter appellant) on the ground that he was discharged from employment for insubordination constituting misconduct. As then applicable, I.C. § 72-1366 provided in pertinent part:

"Personal eligibility conditions. — The personal eligibility conditions of a benefit claimant are...

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