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HEMSTOCK CONCRETE PRODUCTS v. LIRC

No. 85-0274.

127 Wis.2d 437 (1985)

380 N.W.2d 387

HEMSTOCK CONCRETE PRODUCTS, INC., Plaintiff-Respondent, v. LABOR & INDUSTRY REVIEW COMMISSION, Defendant-Appellant, DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS, Bernard L. Poellinger, Kenneth O. Erdman, David J. Follendorf, Terry M. Haeger, Steven H. Keeney, David G. Lambert, Harlan P. Millard, Scott T. Miller, Edward L. Odemoe, Raymond J. Parmenter, Bruce A. Raymer and Wayne E. Wilber, Defendants.

Court of Appeals of Wisconsin.

Decided November 25, 1985.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Floyd F. Tefft of Madison.

For the plaintiff-respondent the cause was submitted on the brief of James K. Pease, Jr., and Melli, Walker, Pease & Ruhly, S.C. of Madison.

Before Gartzke, P.J., Dykman and Eich, JJ.

EICH, J.

The Labor and Industry Review Commission appeals from a judgment reversing its decision to grant unemployment compensation to certain employees of Hemstock Concrete Products, Inc. The issue is whether the employees who struck the company while on layoff status lost their employment "because of a strike" within the meaning of sec. 108.04(10), Stats. (1981-82),1 and thus were ineligible to receive the benefits. Because the employees...

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