DOTTER v. MAINE EMPLOYMENT SEC. COMMISSION


435 A.2d 1368 (1981)

Mark A. DOTTER v. MAINE EMPLOYMENT SECURITY COMMISSION.

Supreme Judicial Court of Maine.

Decided October 19, 1981.


Attorney(s) appearing for the Case

Asen & Landis, Peter J. Landis (orally), Portland, for plaintiff.

Susan P. Herman, Asst. Atty. Gen., Maine Employment Commission, Augusta (orally), for defendant.

Walker, Bradford & Hull, Richard A. Hull, III, Biddeford, for Thornton Academy.

Before McKUSICK, C. J., and WERNICK, GODFREY, NICHOLS, GLASSMAN, and CARTER, JJ.


GODFREY, Justice.

The Maine Employment Security Commission appeals from a judgment of the Superior Court ordering that Mark Dotter be granted unemployment benefits following his resignation from Thornton Academy. On appeal the Commission argues that the presiding justice erred as a matter of law in concluding that to deny Dotter unemployment benefits would violate his First Amendment right to the free exercise of religion. We affirm the judgment.

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