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PATRICK CUDAHY INC. v. LABOR AND INDUSTRY

No. 2005AP2074.

723 N.W.2d 756 (2006)

2006 WI App 211

PATRICK CUDAHY INCORPORATED, Plaintiff-Appellant, v. LABOR AND INDUSTRY REVIEW COMMISSION and Daryl Cross, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed September 26, 2006.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Timothy G. Costello and Daniel J. Finerty of Krukowski & Costello, S.C., Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of William S. Sample, Labor and Industry Review Commission.

Before WEDEMEYER, P.J., CURLEY and KESSLER, JJ.

¶ 1 KESSLER, J.

Patrick Cudahy Incorporated ("Cudahy") appeals from an order, entered June 29, 2005, affirming the decision by the Labor and Industry Review Commission ("LIRC") to reinstate Daryl Cross's ("Cross") unemployment benefits, finding that Cross's violation of a last chance agreement to not use alcohol or illegal drugs on or off the job was not misconduct as defined under Boynton Cab Co. v. Neubeck & Industrial Commission, 237 Wis. 249, 296...

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