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WAGSTAFF v. DEPARTMENT OF EMP. SEC.

No. 900436-CA.

826 P.2d 1069 (1992)

Dennis L. WAGSTAFF, Petitioner, v. DEPARTMENT OF EMPLOYMENT SECURITY and Department of the Air Force, Respondents.

Court of Appeals of Utah.

February 6, 1992.

Attorney(s) appearing for the Case

Michael E. Bulson (argued), Utah Legal Services, Inc., Ogden, for petitioner.

R. Paul Van Dam, State Atty. Gen. and Lorin Blauer (argued), Sp. Asst. Atty. Gen., Dept. of Employment Sec., Salt Lake City, for respondent Dept. of Employment Sec.

Dee V. Benson, U.S. Atty., Robert H. Wilde (argued), and Clare A. Jones, Sp. Asst. U.S. Attys., Midvale, for respondent Dept. of the Air Force.

Before BILLINGS, GARFF and ORME, JJ.

OPINION

ORME, Judge.

Petitioner, a former Air Force employee discharged for drug use, challenges a decision of the Board of Review of the Industrial Commission denying him unemployment compensation benefits. Petitioner claims that, since Air Force disciplinary regulations in effect at the time of his drug use did not sanction discharge of first-time offenders, he was not terminated for just cause. We disagree and affirm.

FACTS

Petitioner...

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