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DUNAWAY v. DEPARTMENT OF LABOR

No. 81-267.

109 Ill. App.3d 63 (1982)

440 N.E.2d 231

O. DUNAWAY et al., Plaintiffs-Appellees, v. THE DEPARTMENT OF LABOR, BUREAU OF EMPLOYMENT SECURITY, DIVISION OF UNEMPLOYMENT INSURANCE, et al., Defendants-Appellants.

Appellate Court of Illinois — Fifth District.

Rehearing denied September 21, 1982.

Attorney(s) appearing for the Case

Glen H. Kanwit, of Chicago, and Charles R. Jelliffe, of Jelliffe and Ferrell, of Harrisburg, for appellant Sahara Coal Company, Inc.

Tyrone C. Fahner, Attorney General, of Springfield (Rosalyn B. Kaplan, Assistant Attorney General, of counsel), for appellant Department of Labor.

J.E. Wenzel and Verticchio & Verticchio, both of Gillespie, and G. William Horsley, of Springfield, for appellees.

Judgment reversed.

JUSTICE KASSERMAN delivered the opinion of the court:

The instant appeal arises out of the decision of the circuit court of Saline County in an administrative review proceeding. The general issue is whether the claimants, who are employees of defendant Sahara Coal Company (Sahara) and members of the Progressive Mine Workers of America (PMWA), are disqualified from receiving unemployment insurance benefits under section 604 of the Illinois...

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