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  5. 297 N.W.2d 239 (1980)
 

COMMISSIONER, ETC. v. CITY OF DULUTH

Nos. 48486, 48564.

297 N.W.2d 239 (1980)

COMMISSIONER OF the MINNESOTA DEPARTMENT OF ECONOMIC SECURITY and Mark Belich, Rose Pavcovich, and Mary Beth Duff, Respondents, Commissioner of the Minnesota Department of Economic Security and Robert K. Markle, Rodney A. Sutherland, and Dan L. Sutherland, Respondents, v. CITY OF DULUTH, Relator.

Supreme Court of Minnesota.

June 20, 1980.

Attorney(s) appearing for the Case

William P. Dinan, City Atty., and Victor D. Ulmer, Asst. City Atty., Duluth, for relator.

Warren Spannaus, Atty. Gen., Richard B. Allyn, Sol. Gen., Peter C. Andrews, Asst. Atty. Gen., Frank W. Levin, and William G. Brown, Sp. Asst. Attys. Gen., St. Paul, for respondents.

Reheard, considered, and decided by the court en banc.

The opinion filed July 27, 1979, is withdrawn and the following substituted therefor.

BRUCE C. STONE, Justice.*

This appeal involves the affirmance by the Commissioner of the Minnesota Department of Economic Security of awards of unemployment compensation to claimant-respondents.

The respondents here are in similar but not identical circumstances. Mark Belich, Rose Pavcovich, and Mary Beth Duff were employed by the city...

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