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WESTGATE SMOKY MOUNTAINS v. PHILLIPS

No. E2011-02538-SC-R11-CV.

426 S.W.3d 743 (2013)

WESTGATE SMOKY MOUNTAINS AT GATLINBURG v. Burns PHILLIPS, Commissioner, Tennessee Department of Labor and Workforce Development et al.

Supreme Court of Tennessee, at Knoxville.

December 23, 2013.

Attorney(s) appearing for the Case

Gregory C. Logue and J. Keith Coates, Jr. , Knoxville, Tennessee, for the appellant, Westgate Smoky Mountains at Gatlinburg.

Robert E. Cooper, Jr. , Attorney General and Reporter; William E. Young , Solicitor General; Derek C. Jumper , Assistant Attorney General; Joseph F. Whalen , Associate Solicitor General; for the appellee, Burns Phillips, Commissioner, Tennessee Department of Labor and Workforce Development.

Gregory F. Coleman and Mark E. Silvey , Knoxville, Tennessee, for the appellee, Cynthia L. Vukich-Daw.

OPINION

JANICE M. HOLDER, J., delivered the opinion of the Court, in which GARY R. WADE, C.J., and CORNELIA A. CLARK, WILLIAM C. KOCH, JR., and SHARON G. LEE, JJ., joined.

The claimant is a licensed time-share salesperson who sold time-share interests at a resort owned by Westgate in Gatlinburg, Tennessee. When resort management terminated the business relationship, the claimant filed for state unemployment benefits with the Department of Labor and Workforce...

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