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JAMES v. COMMISSIONER OF ECONOMIC SEC.

No. CX-83-358.

339 N.W.2d 891 (1983)

David JAMES, Relator, v. COMMISSIONER OF ECONOMIC SECURITY, Respondent.

Supreme Court of Minnesota.

November 10, 1983.

Attorney(s) appearing for the Case

Paul J. Marino, William Mitchell Law Clinic, St. Paul, for relator.

Hubert H. Humphrey, III, Atty. Gen. by Peter C. Andrews, Asst. Atty. Gen., St. Paul, for respondent.

YETKA, Justice.

The employee David James obtained a writ of certiorari to review the decision of the representative of the Commissioner of Economic Security disqualifying Mr. James from receiving unemployment compensation benefits because he was not "actively seeking work" as required by Minn.Stat. § 268.08, subd. 1(3) (1982). We reverse and remand.

The department has promulgated 8 MCAR § 4.3005 (1982), a rule which generally defines the nature and...

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