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APPEAL OF MANCHESTER TRANSIT AUTH.

No. 98-730.

146 N.H. 454 (2001)

APPEAL OF MANCHESTER TRANSIT AUTHORITY (New Hampshire Department of Employment Security)

Supreme Court of New Hampshire.

June 1, 2001.

Attorney(s) appearing for the Case

Devine, Millimet & Branch, P.A., of Manchester (Mark T. Broth and Diane Murphy Quinlan on the brief, and Ms. Quinlan orally), for the petitioner.

Craig, Wenners & Craig, P.A., of Manchester (Vincent A. Wenners, Jr. and Stephanie Stergiou Ferro on the brief, and Mr. Wenners orally), for the respondents.

Philip T. McLaughlin, attorney general (Daniel J. Mullen, senior assistant attorney general, on the brief, and Andrew B. Livernois orally), for the State, as amicus curiae.

HORTON, J., retired, specially assigned under RSA 490:3.

The petitioner, Manchester Transit Authority (MTA), appeals a decision of the appellate board of the New Hampshire Department of Employment Security (appellate board) finding the respondent school bus drivers (claimants) eligible for unemployment benefits for the week ending February 28, 1998. We reverse.

The following facts were either found by the New Hampshire Department of Employment Security Appeal...

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