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ENGFER v. GENERAL DYNAMICS

No. A13-0872.

844 N.W.2d 236 (2014)

Thomas V. ENGFER, Relator, v. GENERAL DYNAMICS ADVANCED INFORMATION SYSTEMS, INC., Respondent, Department Of Employment And Economic Development, Respondent.

Court of Appeals of Minnesota.

March 17, 2014.

Attorney(s) appearing for the Case

Howard L. Bolter , Fishman, Carp, Bescheinen, Bolter & Van Berkom, Ltd., Minneapolis, MN, for relator.

Patrick Martin , Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Minneapolis, MN, for respondent General Dynamics.

Lee B. Nelson , Christine Hinrichs , Minnesota Department of Employment and Economic Development, St. Paul, MN, for respondent Department.

Considered and decided by HALBROOKS, Presiding Judge; STONEBURNER, Judge; and SCHELLHAS, Judge.

OPINION

STONEBURNER, Judge.

Relator appeals by writ of certiorari from the determination of an unemployment-law judge (ULJ) that benefits relator received under an employer's ERISA-governed plan to supplement unemployment benefits constituted "wages," making relator ineligible for unemployment benefits he received in weeks that he also received such "wages" in an amount that equaled or exceeded his weekly unemployment benefits, resulting in overpayment of...

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