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HERRING GAS CO., INC. v. MS. EMPLOYMENT SEC. COM'N

No. 2004-CC-01765-COA.

944 So.2d 943 (2006)

HERRING GAS COMPANY, INC., Appellant v. MISSISSIPPI EMPLOYMENT SECURITY COMMISSION, Appellee.

Court of Appeals of Mississippi.

December 12, 2006.

Attorney(s) appearing for the Case

John L. Maxey II, Jackson, Charles Richard Saltzman, attorneys for appellant.

B. Ray Therrell, attorney for appellee.

EN BANC.

OPINION ON MOTION FOR REHEARING

SOUTHWICK, J., for the Court.

¶ 1. Herring Gas Company, Inc. appeals the Circuit Court of Jones County's judgment affirming the decision of the Mississippi Employment Security Commission1 that Herring's appeal was untimely pursuant to Mississippi Code Annotated § 71-5-517 (Rev.2000). On rehearing we conclude that the issue was not properly determined by the Department. We therefore grant...

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