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ROBINSON v. COMMISSIONER OF LABOR

No. S-03-908.

675 N.W.2d 683 (2004)

267 Neb. 579

Robert E. ROBINSON, appellee, v. COMMISSIONER OF LABOR, appellant.

Supreme Court of Nebraska.

March 12, 2004.

Attorney(s) appearing for the Case

John H. Albin, Lincoln, and Thomas A. Ukinski, Valparaiso, for appellant.

Patrick T. Carraher, of Legal Services of Southeast Nebraska, Lincoln, for appellee.

HENDRY, C.J., and WRIGHT, CONNOLLY, GERRARD, STEPHAN, MCCORMACK, and MILLER-LERMAN, JJ.

CONNOLLY, J.

The Commissioner of Labor (Commissioner) appeals the district court's order holding that Robert E. Robinson, who was incarcerated, was eligible for unemployment compensation. We determine that the record does not show that Robinson was available for employment and thus, he was ineligible to receive unemployment compensation. Accordingly, we reverse.

BACKGROUND

Robinson was incarcerated in October 2002 and was later approved for work...

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