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FEDEROFF v. RUTLEDGE

No. 16332.

332 S.E.2d 855 (1985)

Sidney D. FEDEROFF v. Phyllis J. RUTLEDGE, Clerk of the Circuit Court of Kanawha County; Board of Review of the West Virginia Department of Employment Security; J.F. McClanahan, as Chairman, C.C. Elmore, Jr., and Gregory E. Elliott, as Commissioners; West Virginia Department of Employment Security; and Consolidation Coal Company, Employer.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion July 15, 1985.

Attorney(s) appearing for the Case

William S. Winfrey, II, Princeton, for appellant.

Jackson, Kelly, Holt & O'Farrell, Charleston, Attn: Charles M. Surber, Jack O. Friedman, Charleston, for appellee.

McGRAW, Justice:

This is an appeal from a final order of the Circuit Court of Kanawha County which affirmed the decision of the Board of Review of the West Virginia Department of Employment Security disqualifying the appellant, Sidney Federoff, from receiving unemployment compensation. The appellant was permanently disqualified based upon a determination that he was discharged from his employment for gross misconduct.

I

The relevant facts derived...

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