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HILL v. CANTRELL

No. 85-1088.

769 F.2d 218 (1985)

Edgar HILL, on behalf of himself and all others similarly situated, Appellant, v. Ralph CANTRELL, in his official capacity as Commissioner of the Virginia Employment Commission, Raymond Donovan, Secretary of Labor, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 8, 1985.

Rehearing and Rehearing Denied September 5, 1985.

Attorney(s) appearing for the Case

Hugh F. O'Donnell, St. Paul, Va. (Client Centered Legal Services of Southwest Virginia, Inc. on brief), for appellant.

J. Steven Sheppard, III, Asst. Atty. Gen., William H. Walker, Richmond, Va. (Francis X. Lilly, Sol. of Labor, William H. DuRoss, III, Associate Sol., Harry L. Sheinfeld, Counsel for Litigation, Washington, D.C., Gerald L. Baliles, Atty. Gen., J. Steven Sheppard, III, Asst. Atty. Gen., Richmond, Va., on brief) for appellee.

Before HALL and SPROUSE, Circuit Judges, and GORDON, United States District Judge for the Middle District of North Carolina, sitting by designation.

Rehearing and Rehearing En Banc Denied September 5, 1985.

SPROUSE, Circuit Judge:

Edgar Hill was honorably discharged from the United States Army in September 1982 and applied for Unemployment Compensation for Ex-Servicemembers (UCX) pursuant to 5 U.S.C. §§ 8521-8525 (1982). After exhausting the maximum thirteen-week entitlement to UCX benefits, 5 U.S.C. § 8521(c)(2) (1982), Hill applied for additional...

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