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ASH v. RUTLEDGE

No. 16740.

348 S.E.2d 442 (1986)

John W. ASH, et al. v. Phyllis J. RUTLEDGE, Clerk of the Circuit Court of Kanawha County, West Virginia; the 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 Members, Nyle Hughes as Commissioner of the West Virginia Department of Employment Security, and Edenfield Electric, Inc.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion July 10, 1986.

Attorney(s) appearing for the Case

Stanley M. Hostler, James F. Wallington, Hostler, Wood & Segal, Charleston, for appellants.

Ricklin Brown, Bowles, McDavid, Graf & Love, Charleston, James H. Stock, Jr., Weintraub, DeHart, Robinson, Coggin & Trotter, Memphis, Tenn., for employer.

Jack O. Friedman, Legal Div., Dept. of Employment Sec., Charleston, for Dept. of Employment Sec.

McHUGH, Justice:

This action is before this Court upon the petition of John W. Ash, et al., who appeal from the final order of the Circuit Court of Kanawha County, West Virginia. Pursuant to that order, entered in March, 1985, the petitioners were denied unemployment compensation benefits. W.Va.Code, ch. 21A. This Court has before it the petition, all matters of record and the briefs and argument of counsel.

I

The petitioners are 57 members...

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