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BROWN v. LABOR & IND. RELATIONS COM'N

Nos. KCD 29432, KCD 29727.

577 S.W.2d 90 (1978)

Carolyn BROWN, Petitioner-Respondent, v. LABOR & INDUSTRIAL RELATIONS COMMISSION of Missouri and Division of Employment Security, Respondents-Appellants. and Rosetta OSBORNE, Petitioner-Appellant, v. LABOR AND INDUSTRIAL RELATIONS COMMISSION, Division of Employment Security, State of Missouri and Barnes Hospital, Respondents-Respondents.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearings and/or Transfer Denied January 31, 1979.

Application to Transfer Denied March 13, 1979.

Attorney(s) appearing for the Case

Sharon A. Willis, Kansas City, for Division of Employment Security in No. KCD 29432.

Rick V. Morris, Jefferson City, for Division of Employment Security in both cases.

Stanley J. Eichner, The Legal Aid Society of the City and County of St. Louis, St. Louis, for Osborne.

Thomas J. McGrath, Jeffrey B. Rosen, Miller, Simmons, Moore & Jung, P. C., Kansas City, for Brown.

John F. Gillespie, Jefferson City, for Division of Employment Security in No. KCD 29727.

Charles B. Fain, Jefferson City, for Labor and Ind. Relations Commission.

Harvey Tessler, Goldstein, Tessler, Brown & Geigermann, P. C., Clayton, for Barnes Hospital.

Before SHANGLER, P. J., SWOFFORD, C. J., and WASSERSTROM, J.

SHANGLER, Presiding Judge.

These appeals present the same question of statutory meaning which, in each case, determines whether the decision of the Labor and Industrial Relations Commission to deny unemployment compensation benefits was contrary to the Employment Security Law [Chapter 288, RSMo 1969]. The appeals were argued contemporaneously, although separately, and are consolidated for opinion.

The facts are that each claimant, Brown and Osborne, held a...

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