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MATTER OF JOHNSON

No. 13912.

337 N.W.2d 442 (1983)

In the Matter of the Appeal from the Final Decision of the South Dakota Department of Labor, Unemployment Insurance Division for La Monte JOHNSON.

Supreme Court of South Dakota.

Decided August 10, 1983.

Attorney(s) appearing for the Case

Joseph G. Rimlinger, East River Legal Services, Sioux Falls, for appellant.

Drew C. Johnson, South Dakota Dept. of Labor, Unemployment Ins. Div., Aberdeen, for appellee South Dakota Unemployment Ins. Div.

MORGAN, Justice.

This is an appeal from the trial court's affirmance of the Secretary of the Department of Labor's (Secretary) final decision denying unemployment benefits to Lamonte Johnson (Claimant), a former employee of Huron Dressed Beef (Employer), Huron, South Dakota. We reverse and remand.

Claimant had been in Employer's employ for about seven months prior to the date of termination. At the time in question, Claimant was on a work-release program from...

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