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  5. 337 N.W.2d 435 (1983)
 

ZEIG v. S.D. DEPT. OF LAB., UNEMPLOYMENT INS.

Nos. 13884, 13885.

337 N.W.2d 435 (1983)

Larry ZEIG (# 13884) and Jerry Zeig (# 13885), Plaintiffs and Appellants, v. SOUTH DAKOTA DEPARTMENT OF LABOR, UNEMPLOYMENT INSURANCE DIVISION, Defendant and Appellee.

Supreme Court of South Dakota.

Decided August 10, 1983.

Attorney(s) appearing for the Case

N. Dean Nasser, Jr., Sioux Falls, for plaintiffs and appellants.

Drew C. Johnson, S.D. Dept. of Labor, Unemployment Ins. Div., Aberdeen, for defendant and appellee.

MORGAN, Justice.

This is an appeal joining two separate claims for unemployment insurance benefits. The circuit court affirmed the decision of the Secretary of the Department of Labor (Secretary) upholding an appeal referee's determination that Larry and Jerry Zeig, appellants (Zeigs), were overpaid unemployment insurance benefits. Zeigs appeal and we reverse and remand.

Zeigs were employees (truckdrivers), stockholders (forty-seven percent each), and officers...

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