Rosbro Plastics Corp. v. Davenport

Supreme Court of Rhode Island

Rosbro Plastics Corp. v. Davenport

254 A.2d 737, 105 R.I. 726, 1969 R.I. LEXIS 811

DecidedJune 24, 1969

StatusPublished

This text of 254 A.2d 737 (Rosbro Plastics Corp. v. Davenport) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rosbro Plastics Corp. v. Davenport, 254 A.2d 737, 105 R.I. 726, 1969 R.I. LEXIS 811 (R.I. 1969).

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Opinion

Per Curiam.

This is a petition for certiorari brought by the director of the department of employment security and it is a companion case to Rosbro Plastics Corp. v. LaMantia filed this date. Davenport worked for Rosbro in 1965 and took the same two-week-unpaid vacation as LaMantia. He, too, filed for unemployment compensation benefits for this period. After his vacation was over, Davenport returned to work and remained with Rosbro until July 26, 1965. He was then granted a leave of absence so that he could go on active duty for approximately two weeks with the National Guard. He never returned to Rosbro and was held to have voluntarily left his position without good cause as that phrase is defined in G. L. 1956, §28-44-17. He obtained other employment but was laid off for lack of work. He then filed for and received compensation benefits. The director charged Rosbro’s account for one payment of $46. Rosbro’s appeal was denied by the board of review. The superior court reversed the board and this petition followed.

The issue here is identical and controlled by our opinion in the companion case.

The petition for certiorari is denied and dismissed. The [727]*727writ heretofore issued is quashed. The records certified to this court are ordered returned to the superior court.

Adelson & Chernick, Melvin A. Chernick, Joseph E. Adelson, for respondent, Rosbro Plastics Corporation. Luden Capone, Louis Baruch Rubinstein, of counsel, for petitioner, Department of Employment Security.

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Per Curiam.

This is a petition for certiorari brought by the director of the department of employment security and it is a companion case to Rosbro Plastics Corp. v. LaMantia filed this date. Davenport worked for Rosbro in 1965 and took the same two-week-unpaid vacation as LaMantia. He, too, filed for unemployment compensation benefits for this period. After his vacation was over, Davenport returned to work and remained with Rosbro until July 26, 1965. He was then granted a leave of absence so that he could go on active duty for approximately two weeks with the National Guard. He never returned to Rosbro and was held to have voluntarily left his position without good cause as that phrase is defined in G. L. 1956, §28-44-17. He obtained other employment but was laid off for lack of work. He then filed for and received compensation benefits. The director charged Rosbro’s account for one payment of $46. Rosbro’s appeal was denied by the board of review. The superior court reversed the board and this petition followed.

The issue here is identical and controlled by our opinion in the companion case.

The petition for certiorari is denied and dismissed. The [727]*727writ heretofore issued is quashed. The records certified to this court are ordered returned to the superior court.

Adelson & Chernick, Melvin A. Chernick, Joseph E. Adelson, for respondent, Rosbro Plastics Corporation. Luden Capone, Louis Baruch Rubinstein, of counsel, for petitioner, Department of Employment Security.

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Bluebook (online)

254 A.2d 737, 105 R.I. 726, 1969 R.I. LEXIS 811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosbro-plastics-corp-v-davenport-ri-1969.