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ELLERY v. DEPT. OF LABOR UNEMPLOY. INS.

742 A.2d 928 (1999)

1999 ME 194

Raymond M. ELLERY v. DEPARTMENT OF LABOR UNEMPLOYMENT INSURANCE COMMISSION and Parker Hannifin Corporation.

Supreme Judicial Court of Maine.

Decided December 23, 1999.

Attorney(s) appearing for the Case

James L. Audiffred, (orally), Saco, for plaintiff.

Andrew Ketterer, Attorney General, Elizabeth J. Wyman, Asst. Attorney General, (orally), Gendolyn D. Thomas, Asst. Attorney General, Augusta, Alison A. Denham, (orally), Douglas, Denham, Rogers & Hood, Portland, (for Parker Hannifin), for defendants.

Before WATHEN, C.J., and CLIFFORD, RUDMAN, DANA, SAUFLEY, ALEXANDER, and CALKINS, JJ.

RUDMAN, J.

[¶ 1] The Unemployment Insurance Commission and Parker Hannifin Corporation (employer) appeal from a judgment entered in the Superior Court (York County, Perkins, A.R.J.) vacating the Commission's decision that Raymond Ellery was discharged for misconduct and, therefore, ineligible for unemployment benefits. The Commission and employer assert that competent evidence supported the Commission's finding and that the Commission properly applied...

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