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MOELLER v. MINNESOTA DEPT. OF TRANSP.

No. 49117.

281 N.W.2d 879 (1979)

Jerold MOELLER, Relator, v. MINNESOTA DEPARTMENT OF TRANSPORTATION, Respondent, Department of Economic Security, Respondent.

Supreme Court of Minnesota.

July 27, 1979.

Attorney(s) appearing for the Case

Patricia A. Keefe, Southern Minnesota Regional Legal Services, Inc., Mankato, for relator.

Warren Spannaus, Atty. Gen., and Joel A. Watne, Sp. Asst. Atty. Gen., St. Paul, for Minn. Dept. of Transportation.

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

Heard before KELLY, SCOTT, and WAHL, JJ., and considered and decided by the court en banc.

WAHL, Justice.

This case is before us on writ of certiorari to the Commissioner of the Department of Economic Security, who held that Jerold Moeller was disqualified for unemployment compensation benefits pursuant to Minn.St. 268.09, subd. 1, because he was discharged for misconduct due to his own serious illness and had not made reasonable efforts to retain his employment by not maintaining total abstinence from alcohol. We reverse.

Mr. Moeller began working...

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