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PHELPS TOINTON v. DIV. OF EMP. & TRAINING

No. 91CA0864.

824 P.2d 827 (1991)

PHELPS TOINTON, INC., Petitioner, v. DIVISION OF EMPLOYMENT AND TRAINING, The Industrial Claim Appeals Office of the State of Colorado and Alan R. Gardner, Respondents.

Colorado Court of Appeals, Div. III.

December 5, 1991.

Attorney(s) appearing for the Case

Stettner, Miller and Cohn, P.C., Robert R. Miller, Denver, for petitioner.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Paul H. Chan, Asst. Atty. Gen., Denver, for respondents Div. of Employment and Training and Indust. Claim Appeals Office.

No appearance for respondent Alan R. Gardner.

Opinion by Judge NEY.

Phelps Tointon, Inc., employer, seeks review of a final order of the Industrial Claim Appeals Panel which awarded unemployment compensation benefits to Alan R. Gardner, claimant. We set aside the order and remand for further findings and an order.

At claimant's work site, employer found a marijuana pipe and a container containing marijuana in the company truck which had been signed out exclusively to claimant. Claimant admitted that the...

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