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311 Minn. 557

249 N.W.2d 719

Mickelson v. Bennett

Supreme Court of Minnesota

Decided January 14, 1977

Supreme Court of Minnesota · decided 1977-01-14

Cited by 2 later decisions — most recently December 1983

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1977-01-14

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PER CURIAM.

¶1This is a proceeding to determine eligibility for certain unemployment benefits. The commissioner of employment services determined that claimant was eligible for the benefits and that the relator’s experience-rating account was chargeable therefor. The essence of the finding of the commissioner was that the claimant was “involuntarily separated from his employment.”

¶2On appeal, both parties agree that the principal question presented is which of two entities was claimant’s employer within the meaning of the Employment Services Law, Minn.St. c. 268. Because this purely factual question has not been decided by the fact-finder, we have decided that this case must be remanded to the commissioner for such a determination, and for whatever conclusion may result once that fact is determined.

¶3Remanded for proceedings consistent with this opinion.

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