SIOUX CITY BRICK & TILE v. EMP. APP. BD.

No. 88-1778.

449 N.W.2d 634 (1989)

SIOUX CITY BRICK & TILE CO., Appellee, v. EMPLOYMENT APPEAL BOARD, Appellee, and Edward J. Thompson, Kevin Ruring, Bryan Palmer, Russell Ingalls and David McCarthy, Appellants.

Supreme Court of Iowa.

December 20, 1989.


Attorney(s) appearing for the Case

Dennis M. McElwain, Sioux City, for appellants.

Blair H. Dewey and William C. Whitten, Des Moines, for appellee Employment Appeal Bd.

Greg A. Naylor and Joseph A. Quinn of Nyemaster, Goode, McLaughlin, Emery & O'Brien, P.C., Des Moines, for appellee Sioux City Brick & Tile Co.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, SCHULTZ and ANDREASEN, JJ.


McGIVERIN, Chief Justice.

Upon judicial review of a decision of the Employment Appeal Board (EAB), the district court reversed the action of the agency. Because we believe the district court erred, we reverse and remand.

I. Background facts and proceedings. Prior to May 1983, Thompson, Ruring, Palmer, Ingalls and McCarthy (the claimants) were employed by Ballou Brick Company, which was then a subsidiary of Sioux City Brick & Tile Company. The two...

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