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APPEAL OF PARMELEE

No. 84-479

127 N.H. 758 (1986)

APPEAL OF JANICE M. PARMELEE (New Hampshire Department of Employment Security)

Supreme Court of New Hampshire.

April 9, 1986

Attorney(s) appearing for the Case

Sulloway Hollis & Soden, of Concord (James E. Owers on the brief and orally), for the plaintiff.

Stephen E. Merrill, attorney general (Daniel J. Mullen, assistant attorney general, on the brief and orally), for the State.

PER CURIAM.

In this appeal from a decision of the appellate division of the New Hampshire Department of Employment Security (DES), we must decide whether the DES, relying upon the provisions of RSA 282-A:28 (Supp. 1985), acted lawfully when it reduced unemployment benefits to which the plaintiff was otherwise entitled because she elected to receive a lump sum cash settlement under an employer-sponsored retirement plan. For the reasons that follow, we hold that the...

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