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FAUSS v. MESSERLY

No. 41491.

263 N.W.2d 668 (1978)

200 Neb. 326

Norris FAUSS, d/b/a National Foods Company, Appellee, v. Donna F. MESSERLY, Appellee, Impleaded with Gerald E. Chizek, Commissioner of Labor, Appellant.

Supreme Court of Nebraska.

March 15, 1978.

Attorney(s) appearing for the Case

James R. Jones and John W. Wynkoop, Lincoln, for appellant.

Mueting, DeLay & Spittler, Norfolk, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, CLINTON, BRODKEY and WHITE, JJ.

SPENCER, Justice.

The Commissioner of Labor in this appeal challenges the scope of review of the District Court for Madison County, sitting in its appellate capacity. The Commissioner contends the District Court was without jurisdiction to enter the judgment rendered.

The present controversy concerns the charging of the experience account of Norris Fauss, doing business as National Foods Company, hereinafter referred to as National, for unemployment compensation...

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