Bootz Mfg. Co. v. Review Bd. of Indiana Employment Sec. Division, 567

Decision Date12 July 1968
Docket NumberNo. 567,No. 1,567,1
PartiesBOOTZ MANUFACTURING CO., Inc., Appellant, v. REVIEW BOARD OF the INDIANA EMPLOYMENT SECURITY DIVISION, William H. Skinner and Richard D. Cobb, as Members of and as constituting the Review Board of the Indiana Employment Security Division; and Edward B. Antey, et al., Appellee. A 1
CourtIndiana Appellate Court

Arthur R. Donovan, Harry P. Dees, Joseph A. Yocum, Evansville, Kahn, Dees, Donovan & Kahn, Evansville, of counsel, for appellant.

William E. Roberts, D. Reed Scism, Indianapolis, Roberts & Ryder, Indianapolis, of counsel, amici curiae Indiana Manufacturers Ass'n Indianapolis Chamber of Commerce.

Wilbur F. Dassel, Winfield K. Denton, Evansville, for appellees.

John J. Dillon, Atty. Gen. of Indiana, Indianapolis, William E. Matheny, Deputy Atty. Gen., for appellee Review Board of Indiana Employment Security Division.

Edward J. Fillenwarth, Edward J. Fillenwarth, Jr., Indianapolis, Fillenwarth & Fillenwarth, Indianapolis, of counsel, amicus curiae Indiana Conference of Teamsters.

Lloyd L. DeWester, Jr., Albert J. Schlitt, Indianapolis, DeWester, Raftery & Andrews, Indianapolis, of counsel, amicus curiae Indiana State A.F.L.-C.I.O.

PRIME, Judge.

The appellant herein on June 27, 1968, filed its Petition for Rehearing supported by briefs.

On July 1, 1968, duplicate briefs were filed by the appellant containing proper signatures of counsel which signatures were omitted on the original briefs.

On July 5, 1968, the appellees filed their Petition to Dismiss the Petition for Rehearing properly supported by briefs and on July 9, 1968, appellants filed response to said Petition to Dismiss.

The petition to dismiss appellant's rehearing petition alleges that the application for rehearing fails to concisely state the reasons why the decision is thought to be erroneous, separate and apart from the argument and citations contained in the brief.

We believe that the Petition for Rehearing meets the requirements of Rule 2--22 of the Rule of the Supreme Court of Indiana and we therefore overrule the Petition to Dismiss.

Upon consideration of the merits of the Petition for Rehearing we conclude that no question has been raised that was not disposed of in the opinion.

The case was presented to this court by briefs from both parties together with numerous briefs by Amicus Curiae. The matter was thoroughly embraced by all parties.

Finding no substantial grounds to justify a...

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5 cases
  • Lee-Norse Co. v. Rutledge
    • United States
    • West Virginia Supreme Court
    • May 18, 1982
    ...disputes, and unemployment compensation. In Bootz Mfg. Co. v. Review Board, 143 Ind.App. 17, 237 N.E.2d 597, reh. denied, 143 Ind.App. 111, 238 N.E.2d 472 (1968), a unilateral employer lockout, while negotiations were fluid and had not reached impasse, was not a "labor dispute" for purposes......
  • Gold Bond Bldg. Products Division Nat. Gypsum Co., Shoals Plant v. Review Bd. of Indiana Employment Sec. Division
    • United States
    • Indiana Appellate Court
    • June 22, 1976
    ...stated the law . . ..' 311 N.E.2d at 425.1 Bootz Mfg. Co. v. Review Board (1968), 143 Ind.App. 17, 237 N.E.2d 597, reh. den., 143 Ind.App. 111, 238 N.E.2d 472.2 See International Steel Co. v. Review Board (1969), 146 Ind.App. 137, 252 N.E.2d 848; City Pattern & Foundry Co. v. Review Board (......
  • Adams v. Industrial Commission
    • United States
    • Missouri Supreme Court
    • February 12, 1973
    ...approach. The Indiana approach originated in Bootz Mfg. Co. v. Review Board, 143 Ind.App. 17, 237 N.E. 597, reh. den., 143 Ind.App. 111, 238 N.E.2d 472 (1968). In that case, the court affirmed an administrative finding that employees idled because of a lockout were not disqualified under th......
  • City Pattern & Foundry Co. v. Review Bd. of Indiana Employment Sec. Division, 1269A258
    • United States
    • Indiana Appellate Court
    • October 27, 1970
    ...263 N.E.2d 218 ... 147 Ind.App. 636 ... CITY PATTERN AND FOUNDRY CO., Inc., Garvey Pattern & Mfg ... Co., Inc., Peerless Pattern Works, and Woodward ... Pattern Works, Inc., Appellants, ... ' concept of the public policy clause does not seem to have evolved until 1968 when we decided Bootz Manufacturing Co. v. Review Board (1968), Ind.App., 237 N.E.2d 597, 14 Ind.Dec. 469, Rehearing ... ...
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