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SHREVE v. DEPARTMENT OF ECONOMIC SEC.

No. 49008.

283 N.W.2d 506 (1979)

Darrell R. SHREVE, Relator, v. DEPARTMENT OF ECONOMIC SECURITY, Respondent.

Supreme Court of Minnesota.

July 27, 1979.

Attorney(s) appearing for the Case

Robert Lyman, Legal Aid Clinic, Minneapolis, for relator.

Warren Spannaus, Atty. Gen., Richard B. Allyn, Sol. Gen., Peter C. Andrews, Asst. Atty. Gen., Frank W. Levin, Sp. Asst. Atty. Gen., St. Paul, for respondent.

Heard before SHERAN, C. J., and PETERSON and YETKA, JJ., and considered and decided by the court en banc.

PETERSON, Justice.

Writ of certiorari to the commissioner of the Minnesota Department of Economic Security to review a decision affirming the denial of unemployment compensation to claimant, Darrell R. Shreve, on the basis that he was conclusively presumed to be unavailable for work under a 1977 amendment to Minn.St. 268.08, subd. 1(3), which reads:

"An individual shall be deemed unavailable for work with respect to any week which occurs in a period when...

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