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WEIBEL v. CLARK

No. 76-455.

87 Wis.2d 696 (1979)

275 N.W.2d 686

WEIBEL, Appellant, v. CLARK, d/b/a The Clark Building, and another, Respondents.

Supreme Court of Wisconsin.

Decided February 27, 1979.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Robert E. Sutton of Milwaukee.

For the respondent Emory T. Clark, d/b/a The Clark Building the cause was submitted on the brief of Don S. Peterson and Whyte & Hirschboeck, S. C., of Milwaukee.

For the respondent Department of Industry, Labor and Human Relations the cause was submitted on the brief of Uclair W. Brandt, chief counsel, and James L. Pflasterer, attorney, Job Service Division.

CONNOR T. HANSEN, J.

The issues on appeal are:

1. Whether the department's failure, prior to the hearing, to apprise the appellant of the specific act of misconduct charged by the employer resulted in a denial of due process and prejudice to the appellant?

2. Whether the circuit court erred when ruling on the issue of the department's alleged denial of appellant's request to review the file prior to the hearing?

The appellant was discharged...

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