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TUBE REDUCING CORPORATION v. UNEMPLOYMENT COMPENSATION COM'N OF STATE

1 N.J. 177 (1948)

62 A.2d 473

TUBE REDUCING CORPORATION, PROSECUTOR-RESPONDENT, v. UNEMPLOYMENT COMPENSATION COMMISSION OF THE STATE OF NEW JERSEY ET AL., DEFENDANTS-RESPONDENTS, AND VITO J. CARLUCCI, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided December 6, 1948.

Attorney(s) appearing for the Case

Mr. Abraham L. Friedman argued the cause for defendant-appellant (Mr. Samuel L. Rothbard and Mr. Emil Oxfeld, on the brief; Messrs. Rothbard, Harris & Oxfeld, attorneys).

Mr. Horace F. Banta argued the cause for prosecutor-respondent Tube Reducing Corporation (Messrs. Winne & Banta, attorneys).

Mr. Clarence F. McGovern argued the cause for defendant-respondent Board of Review.

Mr. Herman D. Ringle argued the cause for respondent Unemployment Compensation Commission (Mr. Charles A. Malloy on the brief).

The opinion of the court was delivered by HEHER, J.

We concur in the judgment of the former Supreme Court and, generally, in the reasoning of the deliverance of Mr. Justice Colie for the court.

The court found as a fact that there was "a stoppage of work * * * because of a labor dispute" at the respondent employer's plant, where Carlucci was employed, and that he "was `participating in * * * the labor dispute,'" and was therefore ineligible for benefits under...

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