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GARTNER v. JOB SERVICE NORTH DAKOTA

No. 20040038.

681 N.W.2d 828 (2004)

2004 ND 135

Paul GARTNER, Petitioner and Appellant v. JOB SERVICE NORTH DAKOTA, Respondent and Appellee.

Supreme Court of North Dakota.

June 30, 2004.

Attorney(s) appearing for the Case

Bradley D. Peterson (argued) and Thomas M. Jackson (appeared), Legal Services of N.D., Bismarck, N.D., for petitioner and appellant.

Kevin McCabe, Assistant Attorney General, Attorney General's Office, Bismarck, N.D., for respondent and appellee.

MARING, Justice.

[¶ 1] Paul Gartner appeals from a judgment affirming an order by Job Service North Dakota which denied him unemployment benefits while he was enrolled at and attending the North Dakota State College of Science. We hold Job Service's finding there was reasonable and suitable employment available to Gartner when he voluntarily left his seasonal employment to attend college is supported by a preponderance of the evidence. We affirm.

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