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ROTHBARD v. GERACE

No. 8756.

354 So.2d 225 (1978)

Louis R. ROTHBARD v. Joseph R. GERACE, as Administrator of the Louisiana Department of Employment Security, Department of Labor, State of Louisiana.

Court of Appeal of Louisiana, Fourth Circuit.

January 11, 1978.

Attorney(s) appearing for the Case

Derbes & Derbes (James G. Derbes), New Orleans, for plaintiff-appellee.

Phelps, Dunbar, Marks, Claverie & Sims (Harry A. Rosenberg), New Orleans, for defendant-appellant, Homecraft Corp.

Marion Weimer, James A. Piper and James A. McGraw, Baton Rouge, for defendant-appellee, Joseph R. Gerace, as Administrator of the Louisiana Dept. of Employment Security, Dept. of Labor, State of La.

Before REDMANN, LEMMON and STOULIG, JJ.

LEMMON, Judge.

In defendant employer's appeal from a judgment awarding plaintiff unemployment compensation benefits, the sole issue is whether plaintiff was disqualified for benefits under R.S. 23:1601(2) because he was terminated for misconduct connected with his employment.1

Plaintiff appeared in proper person at the hearing before the appeals referee, but the employer merely submitted affidavits and made no appearance. The affidavits...

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