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PALM COAST OXYGEN v. PELKEY

No. 77-765.

364 So.2d 63 (1978)

PALM COAST OXYGEN, a Division of Mid-Florida Corporation, a Florida Corporation, Petitioner, v. Francis A. PELKEY and the Division of Employment Security of the Department of Commerce, Respondents.

District Court of Appeal of Florida, Fourth District.

November 8, 1978.

Attorney(s) appearing for the Case

Julian K. Dominick, Jr., of Fishback, Davis, Dominick & Simonet, Orlando, for petitioner.

Kenneth H. Hart, Jr., Tallahassee, James R. Parks, Miami, and Stephen L. Buzzell, Saranac Lake, N.Y., for respondents.

BERANEK, Judge.

The petitioner was the employer of the respondent in this unemployment compensation contest. Respondent was discharged and filed a claim for benefits under the Florida Unemployment Compensation Law. Petitioner responded to the claim by asserting that respondent had been discharged for misconduct on the job. A fact finding report was prepared by a claims interviewer. A claims examiner determined that respondent's

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