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MATTHEWS v. BUCYRUS-ERIE CO.

No. 12929.

619 P.2d 1110 (1980)

101 Idaho 657

Kenneth D. MATTHEWS, Claimant-Respondent, v. BUCYRUS-ERIE COMPANY, Employer, and Department of Employment, Defendants-Appellants.

Supreme Court of Idaho.

On Rehearing December 17, 1980.

Attorney(s) appearing for the Case

David H. Leroy, Atty. Gen., R. LaVar Marsh, Roger B. Madsen, Deputy Attys. Gen., Boise, for defendant-appellant Dept. of Employment.

L. Charles Johnson, of Johnson & Olson, Pocatello, Mark A. Lies, II, of Seyfarth, Shaw, Fairweather & Geraldson, Chicago, Ill., for defendant-appellant Bucyrus-Erie Co.

Ronald R. Rowland, Pocatello, Marshall C. Aungier, Idaho Falls, for claimant-respondent.

DONALDSON, Chief Justice.

This appeal is brought by the Department of Employment and Bucyrus-Erie Company from an order of the Industrial Commission reversing a decision of the Department of Employment and finding claimant-respondent Kenneth D. Matthews eligible for unemployment benefits.

Claimant Matthews was employed by appellant Bucyrus-Erie Company (hereinafter, B-E) from December 1975 until August 23, 1977, when his employment was terminated by the company...

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