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NEIHART v. HAYES CONTRACTORS, INC.

No. C1-84-1456.

357 N.W.2d 130 (1984)

Peter G. NEIHART, Respondent, v. HAYES CONTRACTORS, INC., Relator, Commissioner of Economic Security, Respondent.

Court of Appeals of Minnesota.

November 6, 1984.

Attorney(s) appearing for the Case

Michael A. Welch, Forest Lake, for Neihart.

Terence M. Fruth, Kristin L. Arneson, Fredrikson & Byron, P.A., Minneapolis, for Hayes Contractors, Inc.

Laura E. Mattson, Sp. Asst. Atty. Gen., St. Paul, for Com'r of Economic Sec.

Considered and decided by POPOVICH, C.J., and HUSPENI and FORSBERG, JJ., with oral argument waived.

SUMMARY OPINION

POPOVICH, Chief Judge.

FACTS

Respondent Peter Neihart was discharged from his employment with relator Hayes Contractors, Inc. for taking an extended lunch without permission from his employer. It involved a single 2½ hour absence at a restaurant near the job site with a union representative. The Commissioner of Economic Security determined the discharge was for reasons other than misconduct and Neihart was not disqualified...

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