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DEPARTMENT OF LABOR AND INDUSTRY v. SMALLS

153 N.J. Super. 411 (1977)

379 A.2d 1283

DEPARTMENT OF LABOR AND INDUSTRY OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. DONALD SMALLS AND NEW JERSEY NATURAL GAS COMPANY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 27, 1977.

Attorney(s) appearing for the Case

Mr. Mark I. Siman, Deputy Attorney General, argued the cause for appellant (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. Mark I. Siman, Deputy Attorney General, on the brief).

Mr. Gerald W. Conway argued the cause for respondent New Jersey Natural Gas Company (Messrs. Conway, Reiseman, Michals, Wahl, Bumgardner & Hurley, attorneys; Mr. Gerald W. Conway of counsel).

No appearance was made on behalf of respondent Donald Smalls.

Before Judges BISCHOFF, KOLE and GAULKIN.

The opinion of the court was delivered by KOLE, J.A.D.

Plaintiff Department of Labor and Industry (Department) appeals from the denial of its motion for summary judgment and the dismissal of its complaint against defendants, which sought a refund of unemployment compensation benefits pursuant to N.J.S.A. 43:21-5(b).

The facts are not in dispute. Defendant Smalls, after being indicted on several criminal...

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