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AUSTIN v. BERRYMAN

No. 88-3948.

878 F.2d 786 (1989)

Barbara AUSTIN, Plaintiff-Appellee, v. Sandra BERRYMAN; Patrice Johnson; Joseph Hayes; Ralph Cantrell, Defendants-Appellants, v. NATIONAL EMPLOYMENT LAW PROJECT, INC., Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided June 28, 1989.

Attorney(s) appearing for the Case

J. Steven Sheppard, III, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for defendants-appellants.

Hugh F. O'Donnell (Martin D. Webgreit, Client Centered Legal Services of Southwest Virginia, Inc. on brief), for plaintiff-appellee.

(Elizabeth Athos, James Williams on brief), for amicus curiae Nat. Employment Law Project, Inc.

Before ERVIN, Chief Judge, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, CHAPMAN, WILKINSON, and WILKINS, Circuit Judges, sitting

MURNAGHAN, Circuit Judge:

We have before us for en banc reconsideration an appeal taken from an action successfully brought by Barbara Austin in the United States District Court for the Western District of Virginia against the Virginia Employment Commission, challenging a denial of unemployment compensation benefits. The facts and procedural history of the action are detailed fully in the previous panel opinion, Austin v. Berryman, 862...

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