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MARZ v. DEPARTMENT OF EMPLOYMENT SERVICES

No. 47103.

256 N.W.2d 287 (1977)

Lisa MARZ, Relator, v. DEPARTMENT OF EMPLOYMENT SERVICES, Respondent, University of Minnesota Hospitals and Clinics, Respondent.

Supreme Court of Minnesota.

July 1, 1977.

Attorney(s) appearing for the Case

Daniel R. Shulman and Stephan J. Snyder, Minneapolis, Branch NAACP Legal Redress Committee, Minneapolis, for relator.

Warren Spannaus, Atty. Gen., Richard B. Allyn, Sol. Gen., Peter C. Andrews, Asst. Atty. Gen., Frank W. Levin, Sp. Asst. Atty. Gen., St. Paul, for Dept. of Emp. Services.

R. Joel Tierney, University Atty., John E. Diehl, Associate, Minneapolis, for Univ. of Minn.

Heard before TODD, MacLAUGHLIN and YETKA, JJ., and considered and decided by the court en banc.

YETKA, Justice.

Review on writ of certiorari to the Department of Employment Services of a decision of its commissioner denying the relator's application for unemployment benefits. We reverse and remand.

This appeal presents two issues:

(1) Once an employee is found to be otherwise eligible for benefits under the Minnesota Employment Services Law, whether the employer or the employee has the burden of establishing by a preponderance of the evidence...

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