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FUNK v. UNEMPLOYMENT INS. APPEAL BD.

591 A.2d 222 (1991)

Mitchell H. FUNK, Plaintiff Below, Appellant, v. UNEMPLOYMENT INSURANCE APPEAL BOARD, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: January 18, 1991.

Rehearing en banc: March 19, 1991.

Decided: April 26, 1991.

Attorney(s) appearing for the Case

Harvey Bernard Rubenstein, Wilmington, for appellant.

Kevin R. Slattery, Dept. of Justice, Wilmington, for appellee.

Before CHRISTIE, C.J., HORSEY, MOORE, WALSH and HOLLAND, JJ.

CHRISTIE, Chief Justice.

Mitchell H. Funk (claimant) has appealed a decision of the Superior Court which upheld the Unemployment Insurance Appeal Board's refusal to consider the substance of his appeal because it was untimely filed. A three justice panel of the Supreme Court issued an order on January 18, 1991 which upheld the Superior Court's decision. Following rehearing en banc, that order is now withdrawn and replaced...

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