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ALBERTSONS v. DEPT. OF EMPLOYMENT SEC.

No. 920530-CA.

854 P.2d 570 (1993)

ALBERTSONS, INC., an Idaho corporation, Petitioner, v. DEPARTMENT OF EMPLOYMENT SECURITY, and Gayle Fullerton, Respondents.

Court of Appeals of Utah.

May 18, 1993.

Attorney(s) appearing for the Case

John S. Chindlund, Robert G. Wing, and Roger J. McConkie, Prince, Yeates & Geldzahler, Salt Lake City, for petitioner.

K. Allan Zabel and Emma R. Thomas, Sp. Asst. Attys. Gen., Dept. of Employment Sec., Salt Lake City, for respondents.

Before BILLINGS, P.J., GARFF and GREENWOOD, JJ.

BILLINGS, Presiding Judge:

Petitioner Albertsons, Inc. (Albertsons), appeals the final decision of the Board of Review of the Utah Industrial Commission (Board) awarding unemployment compensation benefits to the claimant, Gayle Fullerton (Fullerton). In affirming the decision of the Administrative Law Judge (ALJ), a majority of the Board concluded Fullerton was not discharged from his employment for "just cause" under Utah Code Ann. § 35-4-5(b)(1) (Supp.1992...

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