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BREITHAUPT v. EMPLOYMENT APPEAL BD.

No. 89-431.

453 N.W.2d 532 (1990)

Richard L. BREITHAUPT, Appellee, v. EMPLOYMENT APPEAL BOARD, Appellant.

Court of Appeals of Iowa.

January 25, 1990.

Attorney(s) appearing for the Case

Blair H. Dewey, Des Moines, and William C. Whitten, Knoxville, for appellant.

Kevin G. Magee, Legal Services Corp. of Dubuque, Iowa, for appellee.

Considered by OXBERGER, C.J., and DONIELSON and HAYDEN, JJ.

OXBERGER, Chief Judge.

The Employment Appeal Board appeals a district court decision reversing a ruling by the board. The board claims the district court erred in reversing its finding that petitioner had been discharged for misconduct. We affirm the decision of the district court.

Petitioner Richard L. Breithaupt was employed by Frommelt Industries, Inc. Frommelt had a company policy which provided that if an employee were suspected of having alcohol in his...

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