WIMBERLY v. LABOR AND INDUS. COM'N

No. 66083.

688 S.W.2d 344 (1985)

Linda WIMBERLY, Respondent, v. The LABOR AND INDUSTRIAL RELATIONS COMMISSION OF MISSOURI, and The Division of Employment Security of the State of Missouri, and J.C. Penney Co., Inc., Appellants.

Supreme Court of Missouri, En Banc.

Opinion Concurring in Result Modified April 30, 1985.

Rehearing Denied April 30, 1985.


Attorney(s) appearing for the Case

Sharon A. Willis, Kansas City, Rick V. Morris, Catherine J. Barrie, Jefferson City, for appellants.

Julie Levin, Legal Aid of Western Missouri, Kansas City, for respondent.


WELLIVER, Judge.

Respondent initiated this proceeding in the Circuit Court of Jackson County after the Missouri Labor and Industrial Relations Commission denied her claim for unemployment compensation. The circuit court reversed and the Missouri Court of Appeals, Western District, affirmed the circuit court's judgment. We ordered the cause transferred to determine whether 26 U.S.C. § 3304(a)(12) (1982) of the Federal Unemployment Tax Act requires states, as a...

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