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McCLAIN v. STATE DEPT. OF INDUS. RELATIONS

Civ. 2793.

405 So.2d 34 (1981)

Michael R. McCLAIN and Melvin Ray McClain v. STATE DEPT. OF INDUSTRIAL RELATIONS and Pony Express.

Court of Civil Appeals of Alabama.

Rehearing Denied September 30, 1981.

Attorney(s) appearing for the Case

Peter J. Meredith, Birmingham, for appellant.

George C. Cocoris, Gen. Counsel, and Frank D. Marsh, Asst. Gen. Counsel, State of Ala., Dept. of Industrial Relations, Montgomery, for appellee.

WRIGHT, Presiding Judge.

This is an unemployment compensation case.

The Appeals Referee and Board of Appeals found claimants totally disqualified from compensation by Section 25-4-78(3)b, Code (1975) for recurrent tardiness after repeated warnings. On appeal for trial de novo to circuit court, claimants' claims were consolidated for trial. The court, sitting without a jury, heard all the evidence and on November 18, 1980, reversed the referee's decision, finding...

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