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WADKINS v. LECUONA

No. S-06-1008.

740 N.W.2d 34 (2007)

274 Neb. 352

Richard A. WADKINS, appellant, v. Fernando LECUONA III, Commissioner of Labor, State of Nebraska, appellee.

Supreme Court of Nebraska.

October 19, 2007.

Attorney(s) appearing for the Case

Richard H. Hoch, of Hoch, Funke & Partsch, Nebraska City, for appellant.

John H. Albin, Thomas A. Ukinski, Lincoln, and W. Russell Barger, of Nebraska Workforce Development, Department of Labor, Office of Legal Counsel and Administrative Affairs, for appellee.

HEAVICAN, C.J., WRIGHT, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

GERRARD, J.

Richard A. Wadkins appeals from an order of the district court, affirming a determination of the Nebraska Appeal Tribunal that Wadkins had received unemployment insurance benefits to which he was not entitled. Wadkins had been laid off and was not performing services for his employer while he was receiving unemployment insurance benefits. But Wadkins was receiving money from his employer for compensatory time (comp time) Wadkins had accrued and for commissions...

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