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  5. 291 N.W.2d 699 (1980)
 

JOHNSON v. INDEPENDENT SCHOOL DIST. NO. 535

Nos. 50010, 50011.

291 N.W.2d 699 (1980)

Nancy JOHNSON, Relator (50010), Sharyl Stenson, Relator (50011), v. INDEPENDENT SCHOOL DISTRICT NO. 535, ROCHESTER, Minnesota, Respondent, Minnesota Department of Economic Security, Respondent.

Supreme Court of Minnesota.

April 18, 1980.

Attorney(s) appearing for the Case

Oppenheimer, Wolff, Foster, Shepard & Donnelly and Mark S. Olson, Gary Green, Legal Counsel Minnesota Education Association, St. Paul, for relators.

Schacht & Kerr and George R. Kerr, Rochester, for Independent School Dist. No. 535.

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

Heard before OTIS, YETKA, and SCOTT, JJ., and considered and decided by the court en banc.

OTIS, Justice.

This matter is before us on a writ of certiorari issued under Minn.Stat. § 268.10, subd. 8 (1978). The Department of Economic Security, relying on Minn.Stat. § 268.08, subd. 6(a) (1978), declared claimants/relators Nancy Johnson and Sharyl Stenson ineligible to receive unemployment benefits during the summer of 1978. We reverse and remand for an eligibility determination consistent with this opinion.

Claimant Johnson was employed by...

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