MARDEN v. STATE

No. 81-472.

122 N.H. 751 (1982)

JOYCE A. MARDEN v. THE STATE OF NEW HAMPSHIRE & a.

Supreme Court of New Hampshire.

August 17, 1982.


Attorney(s) appearing for the Case

New Hampshire Legal Assistance, of Claremont (Michael A. Fuerst on the brief and orally), for the plaintiff.

Gregory H. Smith, attorney general (Daniel J. Mullen, attorney, on the brief and orally), for the State.

Nighswander, Martin, KillKelley & Kidder P.A., of Laconia (Bradley F. Kidder and James L. Burke on the brief, and Mr. Kidder orally), for the defendant Hart's.

Normandin, Cheney & O'Neil, of Laconia (Robert A. Dietz on the brief and orally), for New Hampshire Hospitality Association, Inc., as amicus curiae.


KING, C.J.

The plaintiff, Joyce A. Marden, was a waitress at the defendant Hart's Restaurant Inc., d/b/a/ Hart's Turkey Farm (Hart's), and was laid off from her full-time position in November 1979, due to a seasonal slow-down. She applied for unemployment compensation benefits, but was denied benefits by the defendant, the department of employment security (DES), on December 7, 1979. The plaintiff appealed to the appeal tribunal...

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