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KOSMOS CEMENT CO., INC. v. HANEY

698 S.W.2d 819 (1985)

KOSMOS CEMENT COMPANY, INC., Appellant, v. Thomas HANEY; Edward L. Dilley, Jr.; Kenneth W. Metcalfe; Ronald W. Metcalfe; James D. Byrd; Donald L. Reed; Richard Dyche; Michael E. McNutt; Walter Smith; Damen Earl Wilkins; Logan C. Gustler; James Ray Fentress: Robert Douglas Haney; John P. Dougherty; Joseph L. Knott; Harold L. Litsey; James Earl Daley; Robert H. Mintkenbaugh; R.L. Herschel Tarrence; George Tarrence; William Pipes; Richard Cissel; Zane Brown; Glen Bogort; Gary Jones; Ronnie Burrell; William D. Perks; Richard W. Churchill, Jr.; Arthur Mattingly, and Kentucky Unemployment Insurance Commissioner, Appellees.

Supreme Court of Kentucky.

October 31, 1985.

Attorney(s) appearing for the Case

Charles G. Middleton III, James K. Falk, Middleton & Reutlinger, Louisville, for appellant.

Herbert L. Segal, Adrienne A. Berry, Segal, Isenberg, Sales, Stewart & Cutler, Louisville, for appellees, Thomas Haney, et al.

R. Hughes Walker, Terry L. Morrison, Cabinet for Human Resources Office of the Counsel, Frankfort, for appellee Kentucky Unemployment Ins. Com'n.

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals in an unemployment compensation matter which had reversed the judgment of the Franklin Circuit Court which in turn had reversed the decision of the unemployment commission.

The principal legal issue is whether employees who have been laid off for lack of work prior to the beginning of a strike and who are then recalled to work which, except for the strike, would not have been available...

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