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CATERPILLAR, INC. v. FEHRENBACHER

No. 2-96-0128.

676 N.E.2d 710 (1997)

286 Ill. App.3d 614

221 Ill.Dec. 907

CATERPILLAR, INC., Plaintiff-Appellee, v. James G. FEHRENBACHER, Defendant-Appellant (Lynn Q. Doherty, Director of the Department of Employment Security et al., and Board of Review of the Department of Employment Security, Defendants).

Appellate Court of Illinois, Second District.

February 19, 1997.

Attorney(s) appearing for the Case

Harold A. Katz, Stanley Eisenstein, Lynn L. Miller, Jane Bohman, Katz, Friedman, Schur & Eagle, Chicago, IL, for James G. Fehrenbacher.

Gerald C. Peterson, Joseph J. Torres, Derek G. Barella, Columbus R. Gangemi Jr., Winston & Strawn, Chicago, for Caterpillar, Inc.

James E. Ryan, Attorney General, State of Illinois, Chicago, Richard S. Grenvich, Assistant Attorney General Department of Labor, Chicago, for Lynn Q. Doherty, and Illinois Department of Employment Security.

Justice RATHJE delivered the opinion of the court:

In October 1993, plaintiff, Caterpillar, Inc., fired defendant, James Fehrenbacher (defendant), for violating a rule against displaying the term "scab" on company property. Defendant applied for unemployment benefits. Plaintiff argued that, under section 602(A) of the Unemployment Insurance Act (section 602(A)) (820 ILCS 405/602(A) (West 1992)), defendant was not entitled to benefits because he was discharged for...

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