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UNEMPLOYMENT INS. COM'N v. DURO BAG

No. 2006-CA-002625-MR.

250 S.W.3d 351 (2008)

KENTUCKY UNEMPLOYMENT INSURANCE COMMISSION, Appellant, v. DURO BAG MANUFACTURING COMPANY; Donna T. Smith, Appellees.

Court of Appeals of Kentucky.

March 28, 2008.

Attorney(s) appearing for the Case

Amy Peabody, Education Cabinet, Office of Legal Services, Frankfort, KY, for appellant.

Mark E. Lutz, Cincinnati, OH, for appellee, Duro Bag Manufacturing Company.

No Brief Filed for Appellee, Donna T. Smith.

Before DIXON, LAMBERT and WINE, Judges.

OPINION

WINE, Judge.

The Kentucky Unemployment Insurance Commission ("Commission") appeals the Boone Circuit Court's ruling that Duro Bag Manufacturing Company's ("Duro") employee, Donna T. Smith ("Smith"), was fired on August 13, 2004, for misconduct, and therefore is not entitled to unemployment benefits. For the reasons herein, we affirm the trial court.

The parties do not dispute that Duro fired...

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