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MISSISSIPPI POTASH, INC. v. LEMON

No. 22,044.

61 P.3d 837 (2002)

133 N.M. 128

2003-NMCA-014

MISSISSIPPI POTASH, INC., A Mississippi Corporation, Employer-Appellee, v. Ricky LEMON, Employee-Appellant, and New Mexico Department of Labor, Employment Security Division, Appellee.

Court of Appeals of New Mexico.

July 31, 2002.

Attorney(s) appearing for the Case

W.T. Martin, Jr., Law Offices of W.T. Martin, Jr., P.A., Carlsbad, NM, for Appellee.

Jeffrey B. Diamond, Jeff Diamond Law Firm, Carlsbad, NM, for Appellant.

OPINION

WECHSLER, Judge.

{1} The opinion filed in this case on June 6, 2002 is hereby withdrawn and the following substituted therefor. The motion for rehearing is denied.

{2} Employee appeals the denial of unemployment benefits based on a finding of misconduct. The Employment Security Division determined that Employee was fired for being intoxicated at work. The central issue in this case is whether an administrative board of review has the...

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