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O'DONOGHUE v. REVIEW BD. OF IND. EMP. SEC.

No. 2-180A19.

406 N.E.2d 1267 (1980)

Michael H. O'DONOGHUE, Appellant, v. REVIEW BOARD OF THE INDIANA EMPLOYMENT SECURITY DIVISION, William H. Skinner, David L. Adams and Paul M. Hutson, As Members of and As Constituting the Review Board of the Indiana Employment Security Division, and Prophet Foods, Appellees.

Court of Appeals of Indiana, Third District.

Rehearing Denied October 10, 1980.

Attorney(s) appearing for the Case

L. Peter Iverson, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Stephen J. Cuthbert, Deputy Atty. Gen., Indianapolis, for appellees.

GARRARD, Presiding Judge.

This is an unemployment compensation appeal. The Review Board dismissed the appeal on grounds that it was not filed within 15 days after the mailing of the referee's decision. The record shows the decision was mailed on October 30, 1979, and the appeal was filed November 15, 1979, sixteen days later. The record does not disclose when the decision was received by O'Donoghue, but because of the dates involved it is apparent that if the notification...

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