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PIERRE v. ADM'R, LA. OFFICE OF EMP. SEC.

No. 89-CA-2122, 89-CA-2123.

553 So.2d 442 (1989)

Charles PIERRE v. ADMINISTRATOR, LOUISIANA OFFICE OF EMPLOYMENT SECURITY, and William J. Guste, Jr., Attorney General for the State of Louisiana, and Eat More Snacks, Inc. consolidated with Lisa RICHARDS v. ADMINISTRATOR, LOUISIANA OFFICE OF EMPLOYMENT SECURITY, and William J. Guste, Jr., Attorney General for the State of Louisiana.

Supreme Court of Louisiana.

December 11, 1989.

Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., David S. Dalia, Jesse James Marks, Asst. Attys. Gen., Sandra A. Broussard, James A. McGraw, Denise A. Nagel, Office of Employment Security, Baton Rouge, for appellant.

David H. Williams, New Orleans Legal Assistance, New Orleans, for appellee.

COLE, Justice.

This is a direct appeal from trial court judgments, declaring the prior-claim requirement of LSA-R.S. 23:1601(2) unconstitutional on equal protection grounds. The two cases have been consolidated for review.

At issue in both cases is the constitutionality of the portion of LSA-R.S. 23:1601(2) necessitating the filing of a claim for unemployment benefits at a time when the applicant is ineligible in order that he may subsequently receive benefits...

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