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SMITH v. EMPLOYMENT SECURITY COM'N

Docket Nos. 78-1351, 78-2093.

89 Mich. App. 212 (1979)

280 N.W.2d 489

SMITH v. EMPLOYMENT SECURITY COMMISSION

Michigan Court of Appeals.

Decided March 20, 1979.

Attorney(s) appearing for the Case

Rothe, Mazey, Mazey & Hamburger, P.C., for plaintiffs.

Cox & Hooth (by Gilbert C. Cox, Jr., and Dan T. Ryan) for defendant Imerman Screw Products Company.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and George M. Blaty, Assistant Attorney General, for defendant Michigan Employment Security Commission.

Before: BEASLEY, P.J., and BRONSON and N.J. KAUFMAN, JJ.

N.J. KAUFMAN, J.

This case involves the application of the "labor dispute" disqualification of the Employment Security Act, MCL 421.29(8); MSA 17.531(8), to locked-out employees. From a circuit court affirmance of an adverse determination by the Michigan Employment Security Commission (MESC), plaintiffs appeal as of right. We reverse.

In May and June of 1975, plaintiffs, employees of Imerman Screw Products Company and members of UAW Local 212, were engaged...

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