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  5. 612 S.W.2d 39 (1981)
 

FIRST BANK OF COMMERCE v. LABOR & INDUS., ETC.

No. WD 31225.

612 S.W.2d 39 (1981)

FIRST BANK OF COMMERCE, Respondent, v. The LABOR AND INDUSTRIAL RELATIONS COMMISSION OF MISSOURI, The Division of Employment Security of Missouri and Ruth T. Murray, Appellants.

Missouri Court of Appeals, Western District.

February 2, 1981.

Attorney(s) appearing for the Case

Kevin Hare, Catherine Barrie, Jefferson City, for appellant Labor and Indus. Relations Commission of Missouri.

Rick V. Morris, Jefferson City, for appellant Division of Employment Security of Missouri.

Larry M. Woods, Columbia, for respondent.

Before CLARK, P. J., and DIXON and SOMERVILLE, JJ.

CLARK, Presiding Judge.

The Labor and Industrial Relations Commission appeals the order of the circuit court reversing the decision of the commission which had found claimant Ruth T. Murray entitled to benefits under the Missouri Employment Security Law, Chapter 288, RSMo 1978. At issue is whether the claimant was ineligible to receive unemployment compensation by the proscription of § 288.040.3(1), RSMo 1978

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