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RESERVE MIN. CO. v. COOKE

No. C5-85-577.

372 N.W.2d 796 (1985)

RESERVE MINING COMPANY, Relator, v. Erton J. COOKE, Commissioner of Economic Security, Respondents.

Court of Appeals of Minnesota.

Review Denied October 18, 1985.

Attorney(s) appearing for the Case

Raymond L. Erickson, Duluth, for relator.

Andrew R. Larson, Duluth, for respondent, Cooke.

James P. Barone, Sp. Asst. Atty. Gen., St. Paul, for respondent, Commissioner of Economic Security.

Considered and decided by PARKER, P.J., and FOLEY and LESLIE, JJ., with oral argument waived.

OPINION

PARKER, Judge.

Relator Reserve Mining Company appeals from a determination by the Commissioner of Economic Security that when respondent Erton Cooke chose to retire during the course of a layoff, he was not thereby rendered ineligible for unemployment benefits. We affirm.

FACTS

Cooke was an employee of Reserve Mining from 1963 until 1984. Due to a lack of demand for Reserve's product...

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