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McCOY v. SPICER OFF-HIGHWAY AXLE DIV.

No. C6-87-575.

412 N.W.2d 24 (1987)

William McCOY, Relator, v. SPICER OFF-HIGHWAY AXLE DIVISION, Respondent, Commissioner of Jobs and Training, Respondent.

Court of Appeals of Minnesota.

September 15, 1987.

Attorney(s) appearing for the Case

Laurie A. Vasichek, Legal Advice Clinics, Minneapolis, for relator.

Robert C. Boisvert, Jr., Fredrikson & Byron, P.A., Minneapolis, for Spicer Off-Highway Axle Division.

Hubert H. Humphrey, III, State Atty. Gen., Peter C. Andrews, Sp. Asst. Atty. Gen., St. Paul, for Commissioner of Jobs and Training.

Heard, considered and decided by POPOVICH, C.J., and FOLEY and HUSPENI, JJ.

OPINION

FOLEY, Judge.

Relator William McCoy appeals by writ of certiorari from a determination that when he threw a hammer at a door in his supervisor's office, he thereby engaged in misconduct disqualifying him from the receipt of unemployment compensation benefits. Concluding that McCoy's behavior falls within the isolated hotheaded incident exception to misconduct, we reverse.

FACTS

Relator William McCoy worked for approximately eight...

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