ASH v. BD. OF REVIEW

No. 85-1431.

26 Ohio St. 3d 158 (1986)

ASH, APPELLANT, v. BOARD OF REVIEW, OHIO BUREAU OF EMPLOYMENT SERVICES, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided August 25, 1986.


Attorney(s) appearing for the Case

Cloppert, Portman, Sauter, Latanick & Foley and David G. Latanick; Pamela L. Margulies and Ohio Education Assn., for appellant.

Means, Bichimer, Burkholder & Baker Co., L.P.A., and Kimball H. Carey, for appellee Logan-Hocking City School District Board of Education.

Anthony J. Celebrezze, Jr., attorney general, and Patrick A. Devine, for appellees Board of Review and Administrator.


HOLMES, J.

The sole issue presented for review is whether the Ohio law existing at the time of appellant's application for unemployment compensation benefits entitled her to such benefits. For reasons which follow, we hold that it did and reverse the decision below.

R.C. 4141.29(I)(1)(a) provided, in pertinent part:

"Benefits based on service in an instructional * * * capacity * * * or for an educational institution * * * shall not be paid to any individual...

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