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BROWN v. IOWA BEEF PROCESSORS

No. 14977.

691 P.2d 1173 (1984)

107 Idaho 558

Ken BROWN, Claimant-appellant, v. IOWA BEEF PROCESSORS, Employer-respondent, and Idaho Department of Employment, Respondent.

Supreme Court of Idaho.

On Rehearing December 4, 1984.

Attorney(s) appearing for the Case

Carolyn Seneca Steele, Idaho Legal Aid Services, Inc., Boise, for claimant-appellant.

Kenneth L. Mallea, of Givens, McDevitt, Pursley, Webb & Buser, Boise, for employer-respondent.

Jim Jones, Atty. Gen., Larry F. Weeks, Deputy Atty. Gen., Boise, for respondent Dept. of Employment.

BAKES, Justice.

Claimant pleaded guilty to a charge of "driving while intoxicated" and was given a "withheld judgment" pending successful completion of a one-year probation. The case was dismissed in February of 1979, after probation. In September of 1979, claimant was hired by Iowa Beef Processors. On his employment application claimant answered "no" to the following question:

"Except for minor traffic offenses, have you ever entered a plea of guilty or...

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