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ARIZ. DEPT. OF ECONOMIC SEC. v. MAGMA COPPER

No. 1 CA-CIV 3654.

119 Ariz. 477 (1978)

581 P.2d 711

ARIZONA DEPARTMENT OF ECONOMIC SECURITY, John L. Huerta, Director and Peter R. Palomarez, Claimant, Appellants, v. MAGMA COPPER COMPANY, Appellee.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied June 21, 1978.

Review Denied July 18, 1978.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Former Atty. Gen. by Frank Sagarino, Asst. Atty. Gen., Phoenix, for appellants.

Twitty, Sievwright & Mills by Kenneth D. Nyman, Phoenix, for appellee.

OPINION

FROEB, Chief Judge.

Appellant Peter R. Palomarez was employed by appellee Magma Copper Company until he was laid off work on February 17, 1975. On August 11, 1975, Magma sent an offer of reemployment, referred to as a notice of recall, by certified mail to Palomarez's last known address but it was returned by the Post Office Department unclaimed. In the meantime, Palomarez had moved to a new address without notifying Magma of the change. He never received...

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