PHELPS DODGE CORP. v. STATE, DEPT. OF ECONOMIC SEC.

No. 2 CA-CIV 3293.

125 Ariz. 342 (1980)

609 P.2d 612

PHELPS DODGE CORPORATION, a New York Corporation, Plaintiff/Appellee, v. STATE of Arizona, DEPARTMENT OF ECONOMIC SECURITY; John J. Zenonian, an Individual, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

April 4, 1980.


Attorney(s) appearing for the Case

Evans, Kitchel & Jenckes, P.C. by Nathan R. Niemuth, Phoenix, for plaintiff/appellee.

Robert K. Corbin, Atty. Gen. by Alex G. Duncan, Tucson, for defendants/appellants.


SUBSTITUTED OPINION ON REHEARING

HATHAWAY, Judge.

The Department of Economic Security seeks review of a superior court judgment which reversed a final decision of DES that John J. Zenonian was eligible for unemployment compensation benefits and that the experience rating account of Phelps Dodge, his last employer, should be charged. In our original opinion, we reversed the judgment with directions to affirm the DES decision. On motion for rehearing, however...

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