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RASMUSSEN v. SOUTH DAKOTA DEPT. OF LABOR

No. 18304.

510 N.W.2d 655 (1993)

Lloyd RASMUSSEN, Claimant and Appellant, v. SOUTH DAKOTA DEPARTMENT OF LABOR, Defendant and Appellee, and H & I Grain and Leasing, Employer and Appellee.

Supreme Court of South Dakota.

Decided December 29, 1993.

Attorney(s) appearing for the Case

Eric N. Rasmussen of Erickson, Helsper & Rasmussen, Brookings, for claimant and appellant.

Ronald A. Wager of Bantz, Gosch, Cremer, Peterson & Oliver, Aberdeen, for employer and appellee H & I.

Drew C. Johnson, Sp. Asst. Atty. Gen., Aberdeen, for defendant and appellee State.

SABERS, Justice.

Lloyd Rasmussen (Rasmussen) appeals the circuit court's affirmance of the South Dakota Department of Labor's denial of his claim for unemployment insurance benefits. We reverse.

FACTS

Rasmussen was employed as a truck driver by H & I Grain and Leasing (H & I) for a little over four years. On or about December 12, 1991, Rasmussen was convicted of the offense of driving while under...

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