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UMSTEAD v. EMPLOYMENT SEC. COM'N OF N.C.

No. 8410SC1242.

331 S.E.2d 218 (1985)

Erick UMSTEAD, Plaintiff, v. EMPLOYMENT SECURITY COMMISSION OF NORTH CAROLINA and North Carolina Department of Agriculture, Defendants.

Court of Appeals of North Carolina.

July 2, 1985.

Attorney(s) appearing for the Case

Atty. Gen. Lacy R. Thornburg by Asst. Atty. Gen. Thomas G. Meacham, Jr., Raleigh, for defendant-appellant N.C. Dept. of Agriculture.

Donald R. Teeter, Staff Atty., Raleigh, for defendant-appellant Employment Sec. Com'n of N.C.

Smith, Patterson, Follin, Curtis, James & Harkavy by Donnell Van Noppen, III, Raleigh, for plaintiff-appellee.

BECTON, Judge.

On 25 January 1984 defendant-appellant, North Carolina Employment Security Commission (Commission), disqualified the claimant-appellee, Erick Umstead, from receiving unemployment insurance benefits after it concluded that he was discharged by defendant-appellant, the North Carolina Department of Agriculture, for misconduct connected with his work. On appeal, the Wake County Superior Court reversed the decision of the Commission and directed the Commission...

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