STATE DEPT. OF LABOR v. REYNOLDS

No. 97, 1995.

669 A.2d 90 (1995)

STATE of Delaware, DEPARTMENT OF LABOR, DIVISION OF UNEMPLOYMENT INSURANCE, Appellee Below, Appellant, v. Martin REYNOLDS and Charles Barba, Appellants Below, Appellees.

Supreme Court of Delaware.

Decided: October 30, 1995.


Attorney(s) appearing for the Case

James J. Maxwell (argued), Delaware Department of Justice, Wilmington, for Appellant, Department of Labor, Division of Unemployment Insurance.

James J. Hanley, Delaware Department of Justice, Wilmington, for Unemployment Insurance Appeal Board.

Eileen M. Ford (argued), Mattleman, Greenberg, Shmerelson, Weinroth & Miller, Wilmington, for Appellees, Reynolds and Barba.

Before VEASEY, C.J., HOLLAND and HARTNETT, JJ.


HARTNETT, Justice.

I.

In this interlocutory appeal, the State Department of Labor, Division of Unemployment Insurance ("the Division") appeals a Superior Court ruling holding that the Delaware Unemployment Compensation Act, 19 Del.C. Chapter 33 ("The Unemployment Compensation Act"), does not exclude Appellees, insurance agents who are paid commissions, from being eligible for unemployment compensation benefits because...

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