MISSISSIPPI EMP. SEC. v. McLANE-SOUTHERN

No. 90-CC-1058.

583 So.2d 626 (1991)

MISSISSIPPI EMPLOYMENT SECURITY COMMISSION v. McLANE-SOUTHERN, INC.

Supreme Court of Mississippi.

July 17, 1991.


Attorney(s) appearing for the Case

Jan Garrick, Jackson, for appellant.

Peyton S. Irby, Jr., Watkins Ludlam & Stennis, Jackson, for appellee.

Before ROY NOBLE LEE, PITTMAN and BANKS, JJ.


PITTMAN, Justice, for the Court:

I.

We are called upon to determine whether the exercise of self-defense in a fight started by a fellow employee is (1) "misconduct" within the meaning of Miss. Code Ann. § 71-5-513(A)(1)(b), as defined by this court in Wheeler v. Arriola, 408 So.2d 1381, 1383 (Miss. 1982), disqualifying the discharged employee from receiving unemployment benefits, and (2) whether the findings...

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