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GATLIFF COAL CO. v. ANDERSON

Nos. 90-SC-193-DG, 90-SC-194-DG.

814 S.W.2d 564 (1991)

GATLIFF COAL CO. and Kentucky Unemployment Commission, Appellants, v. William ANDERSON, Appellee. KENTUCKY UNEMPLOYMENT INSURANCE COMMISSION and Gatliff Coal Co., Appellants, v. William ANDERSON, Klan Smith, Robert Wilson, William Saylor, Donald Lawson, Billie Harp, James Noble, Jr., Ray Parker, Roy Peek, Mance Paul, Colin C. Clark, Johnnie Rains, Robert Bishop, Ancil Sowders, Gary Smith, Flem Mahan, George Canada, Ellis Noble, Sidley Allen, Richard Hall, Burchell Sizemore, Jesse Morris, Joe Rose, Jerry Coyt, Terry Smith, Wilburn Hickey, Johnny Fuson, Willie Hubbard, Aubrey Hale, Joe Wilson, Marshall Hatfield, Kenneth Simpson, Oscar Patterson, Jr., Jackie Jaggers, Michael Warren, Bobby Simpson, Bobby Huddleston, Custer Laws, Henry Lee, Curtis Laws, Jerry Fuson, Terry Brummett, Larry Simpson, Jakie Thomas, Jr., Thomas Akers, Billy Hensley, Gary Lewis, Clarence Hurst, Randle Wight, Darrell Emery, Denver Simpson, Dale Knuckles, Eddie Potter, Robert Allen, Laney Carter, Randall McGlone, Truman Williford, David Morgan, Jimmie King, Hubert Powell, Erskin Jones and Jerome Leach, Appellees.

Supreme Court of Kentucky.

August 29, 1991.

Attorney(s) appearing for the Case

Brent L. Wilson, Elarbee, Thompson & Trapnell, Atlanta, Ga., Charles P. Lawrence, Cabinet for Human Resources, Frankfort, Edwin S. Hopson, Wyatt, Tarrant & Combs, Louisville, Richard Hankins, Atlanta, Ga., for appellants.

John Frith Stewart, Dennis Franklin Janes, Segal, Isenberg, Sales, Stewart & Cutler, Louisville, for appellees.

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which determined that the Unemployment Commission could not recoup previously awarded unemployment benefits from individuals who received back wages as a result of a litigated labor management arbitration for the period of time they also received unemployment benefits.

The sole issue is whether the Kentucky Unemployment Commission is permitted to

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