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BAKER v. DEPT. OF EMPLOYMENT SECURITY, ETC.

No. 14734.

564 P.2d 1126 (1977)

Barry W. BAKER, Plaintiff, v. DEPARTMENT OF EMPLOYMENT SECURITY, INDUSTRIAL COMMISSION of Utah, Defendant.

Supreme Court of Utah.

May 23, 1977.

Attorney(s) appearing for the Case

Gary N. Anderson, of Hillyard & Gunnell, Logan, for plaintiff.

Vernon B. Romney, Atty. Gen., Floyd G. Astin, Special Asst. Atty. Gen., Winston Faux, Special Asst. Atty. Gen., Salt Lake City, for defendant.

CROCKETT, Justice:

Plaintiff Barry W. Baker seeks a review and reversal of a decision of the Industrial Commission,1 which denied unemployment benefits to the plaintiff and assessed an overpayment penalty of $552 against him. The decision was based on a finding that he had knowingly withheld "the material facts of his work and earnings to receive benefits to which he was not entitled," in violation of 35-4-5(e), U.C.A. 1953. The question...

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