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ERTMAN v. FUSARI

Civ. No. N-74-94.

442 F.Supp. 1147 (1977)

David ERTMAN, Plaintiff, v. Jack A. FUSARI, Unemployment Compensation Administrator of the State of Connecticut, Defendant.

United States District Court, D. Connecticut.

December 21, 1977.

Attorney(s) appearing for the Case

David N. Rosen, New Haven, Conn., for plaintiff.

Donald E. Wasik, Asst. Atty. Gen., Labor Dept. (AG-7), Hartford, Conn., for defendant.

RULINGS ON PLAINTIFF'S MOTION TO CONVENE A THREE-JUDGE COURT AND ON DEFENDANT'S MOTION TO DISMISS

ZAMPANO, District Judge.

In this action, the plaintiff David Ertman1 challenges the constitutionality of Conn.Gen.Stat. § 31-235(3), known as the "forty rule," which requires as a condition for unemployment compensation that the claimant's earnings in his base period reach "an amount at least equal to forty times his benefit rate...

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