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METROPOLITAN LIFE INS. CO. v. GATSON

No. 23365.

490 S.E.2d 743 (1997)

200 W.Va. 656

METROPOLITAN LIFE INSURANCE CO., Petitioner Below, Petitioner, v. Cathy S. GATSON, Clerk of the Circuit Court of Kanawha County; the Board of Review of the West Virginia Department of Employment Security; James G. Dillon, Chairman; Phyllis Carter and G. Charles Hughes, Members; Andrew N. Richardson, Commissioner of West Virginia Department of Employment Security; and William Cutright, Respondents Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided July 14, 1997.

Dissenting Opinion of Chief Justice Workman July 15, 1997.

Attorney(s) appearing for the Case

David S. Russo, Michael A. Kawash, Robinson & McElwee, Charleston, for Petitioner.

James A. Varner, Harold M. Sklar, McNeer, Highland, McMunn & Varner, Clarksburg, for Respondent William Cutright.

PER CURIAM:

Metropolitan Life Insurance Company ("Metropolitan") appeals the award of unemployment benefits to William Cutright, a former sales representative for Metropolitan.1 On appeal Metropolitan maintains that Mr. Cutright should be disqualified from benefits for seven weeks because he was discharged for insubordination. When the record is viewed in light of the remedial nature of unemployment...

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