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SMITH v. DIRECTOR OF DIVISION OF EMPLOYMENT SECURITY

384 Mass. 758 (1981)

429 N.E.2d 700

WILLIAM M. SMITH vs. DIRECTOR OF THE DIVISION OF EMPLOYMENT SECURITY & another.

Supreme Judicial Court of Massachusetts, Suffolk.

December 17, 1981.

Attorney(s) appearing for the Case

Harvey S. Shapiro for the plaintiff.

Francis X. Bellotti, Attorney General, George J. Mahanna, & Paul J. Molloy, Assistant Attorneys General, for Division of Employment Security.

Present: HENNESSEY, C.J., WILKINS, LIACOS, NOLAN, & LYNCH, JJ.

LYNCH, J.

In December, 1976, a review examiner of the Division of Employment Security issued a decision denying the appellant's request for unemployment benefits. The review examiner found that the appellant had been discharged for drinking alcoholic beverages during company time in violation of a work rule, and that the discharge was "attributable solely to deliberate misconduct in wilful disregard of the employing unit's interest within the meaning of [G.L.c. 151A...

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