MATTER OF KOTRBA

No. 15624.

418 N.W.2d 313 (1988)

In the Matter of the Unemployment Compensation Claim of Joseph KOTRBA.

Supreme Court of South Dakota.

Decided January 20, 1988.


Attorney(s) appearing for the Case

John R. Steele of Steele Law Office, P.C., Plankinton, for appellant Kotrba.

Drew C. Johnson, Dept. of Labor, Unemployment Compensation Div., Aberdeen, for appellee State of South Dakota.

Carl J. Koch, Mitchell, for appellee City of Mitchell.


MORGAN, Justice (on reassignment).

Joseph Kotrba (Kotrba) appeals from a judgment of the trial court, which affirmed the decision of the Department of Labor (Department), which denied him unemployment insurance benefits. We reverse.

Kotrba was an employee of the City of Mitchell (City), working as a "traffic-man," maintaining City's street and traffic signs. He worked under the supervision of the chief of police. For several years prior to his discharge, Kotrba...

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