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  5. 591 S.W.2d 330 (1979)
 

TEX. EMPLOYMENT COM'N v. SCHEPPS DAIRY, INC.

No. 5370.

591 S.W.2d 330 (1979)

TEXAS EMPLOYMENT COMMISSION, Appellant, v. SCHEPPS DAIRY, INC., Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied December 20, 1979.

Attorney(s) appearing for the Case

Bill Kimbrough, Asst. Atty. Gen., Austin, for appellant.

Aaron Kaufman, Oster & Kaufman, Dallas, for appellee.

McCLOUD, Chief Justice.

Schepps Dairy, Inc. filed suit against the Texas Employment Commission and Gerald Kissentaner, former employee of Schepps, seeking judicial review of a decision of the Commission awarding unemployment benefits to Kissentaner. Following a pretrial hearing, the court ordered that the review be by trial de novo. After a nonjury trial, which included the testimony of three witnesses, the court rendered...

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