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HEAL v. MAINE EMPLOYMENT SEC. COM'N

447 A.2d 1223 (1982)

Gregory M. HEAL v. MAINE EMPLOYMENT SECURITY COMMISSION and Smith Insulation Co., Inc.

Supreme Judicial Court of Maine.

Decided July 22, 1982.

Attorney(s) appearing for the Case

Richard Petersen, P. A. (orally), Bangor, for plaintiff.

James E. Tierney, Atty. Gen., Susan P. Herman, Asst. Atty. Gen. (orally), State of Maine Dept. of Manpower Affairs, Employment Sec. Com'n, Augusta, for defendant.

Before McKUSICK, C. J., NICHOLS, CARTER, VIOLETTE and WATHEN, JJ., and DUFRESNE, A. R. J.

WATHEN, Justice.

Plaintiff appeals from a Superior Court (Kennebec County) judgment affirming a decision of the Maine Employment Security Commission. We find that the agency's denial of unemployment benefits was erroneously based upon inadmissible evidence and we reverse.

At the initial hearing on plaintiff's unemployment compensation claim a deputy of the Employment Security Commission found that plaintiff had been discharged from employment because of misconduct...

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