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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY RODNEY SQUARE BUILDING RESTORATIONS, INC., Employer Below-Appellant, v. DUANE K. NOEL, Claimant Below-Appellee, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

C.A. No. 07A-07-007 PLA

and UNEMPLOYMENT INSURANCE APPEAL BOARD, Appellee.

ON APPEAL FROM THE UNEMPLOYMENT INSURANCE APPEAL BOARD REVERSED AND REMANDED Submitted: June 5, 2008 Decided: July 22, 2008 Peter M. Sweeney, Esquire, GORDON, FOURNARIS, & MAMMARELLA, P.A., Wilmington, Delaware, Attorney for Employer Below-Appellant. Duane K. Noel, pro se. Mary Page Bailey, Esquire, and Thomas A. Ellis, Esquire, STATE OF DELAWARE DEPARTMENT OF JUSTICE, Wilmington, Delaware, Attorney for Unemployment Insurance Appeal Board. ABLEMAN, JUDGE

I.

Introduction

Employer Rodney Square Building Restorations, Inc. ("RSBR") appeals a decision by the Unemployment Insurance Appeal Board (the "Board") in favor of Claimant Duane K. Noel ("Noel"), holding, inter alia, that RSBR is barred from contesting Noel's eligibility for benefits because it failed to timely return a separation notice pursuant to 19 Del. C.

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