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CMR CONST. & ROOFING, LLC v. DIVISION OF EMPLOYMENT SEC.

No. WD 64916.

174 S.W.3d 722 (2005)

CMR CONSTRUCTION & ROOFING, LLC, Appellant, v. DIVISION OF EMPLOYMENT SECURITY, Respondent.

Missouri Court of Appeals, Western District.

November 1, 2005.

Attorney(s) appearing for the Case

Burton Donald Garland, Jr., Charles H. Morgan, III, St. Louis, for Appellant.

Marilyn Gail Green and Ninion Riley, Jefferson City, for Respondent.

RONALD R. HOLLIGER, Presiding Judge.

CMR Construction appeals a Labor and Industrial Relations Commission decision dismissing CMR's appeal from the Division of Employment Security as untimely. Because the record indicates that the Commission failed to consider whether the Division may have received a timely motion to set aside a dismissal of CMR's appeal to the Appeals Tribunal, we find insufficient evidence to support the Commission's decision. Reversed and remanded...

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