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DEPT. LABOR & IND. v. JOHNSTOWN ORCH.

No. 877 C.D. 1975.

23 Pa.Commw. 124 (1976)

Commonwealth of Pennsylvania, Department of Labor & Industry, Bureau of Employment Security v. Johnstown Municipal Symphony Orchtestra, Appellant.

Commonwealth Court of Pennsylvania.

January 28, 1976.

Attorney(s) appearing for the Case

Earl F. Glock, with him Daniel R. Lovette, Edward T. Baker, and Reed, Smith, Shaw & McClay, for appellant.

Stephen B. Lipson, Assistant Attorney General, with him Herbert W. Hoffman, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.

Argued October 31, 1975, before Judges WILKINSON, JR., ROGERS and BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, January 28, 1976:

The Johnstown Municipal Symphony Orchestra (Orchestra) appeals from an order of the Bureau of Employment Security (Bureau) denying the Orchestra's petition for reassessment of unemployment compensation contributions originally assessed against the Orchestra by the Bureau. We must reverse.

The pertinent facts here are undisputed. The appellant Orchestra is a non-profit organization which yearly gives eight to ten concert...

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