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GOODMAN v. MINN. DEPT. OF EMP. SERV.

No. 47116.

255 N.W.2d 222 (1977)

James GOODMAN, Relator, v. MINNESOTA DEPARTMENT OF EMPLOYMENT SERVICES, Respondent.

Supreme Court of Minnesota.

April 15, 1977.

Attorney(s) appearing for the Case

Michael Fargione, Legal Aid Society of Minneapolis, Minneapolis, for relator.

Warren Spannaus, Atty. Gen., Richard B. Allyn, Sol. Gen., Peter C. Andrews, Asst. Atty. Gen., William G. Brown, Special Asst. Atty. Gen., St. Paul, for respondent.

Considered and decided by the court without oral argument.

PER CURIAM.

Writ of certiorari to review a decision of the commissioner of employment services holding claimant ineligible for unemployment compensation because he was "unavailable for work" within the meaning of Minn.St.1974, § 268.08, subd. 1(3). We reverse and remand on the ground that the commissioner applied an erroneous theory of law in concluding that claimant was unavailable for work.

In Hansen v. Continental Can Co., 301 Minn. 185,

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