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  5. 846 S.W.2d 41 (1992)
 

NUERNBERG v. TEXAS EMPLOYMENT COM'N

No. 10-92-195-CV.

846 S.W.2d 41 (1992)

Alfred NUERNBERG, Appellant, v. TEXAS EMPLOYMENT COMMISSION, et al., Appellees.

Court of Appeals of Texas, Waco.

Rehearing Denied December 30, 1992.

Attorney(s) appearing for the Case

Bruce A. Coane, Joyce A. Keating, Coane & Associates, Houston, for appellant.

J. Alfred Southerland, Vinson & Elkins L.L.P., Houston, Phillip F. Arrien, II, Asst. Atty. Gen., Austin, for appellees.

Before CUMMINGS and VANCE, JJ.

OPINION

VANCE, Justice.

Alfred Nuernberg appeals from a summary judgment granted in favor of the Texas Employment Commission (TEC) and Milchem Incorporated Ind. d/b/a Milpark Drilling Fluids (Milpark). We will affirm the judgment.

Nuernberg was discharged by Milpark on September 17, 1990, and he filed for unemployment compensation benefits. After the TEC initially determined that Nuernberg was entitled to benefits, Milpark protested on the grounds...

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