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KERNS v. UNEMPL. COMP. BD. OF REVIEW.

No. 397 C.D. 1976.

28 Pa.Commw. 48 (1976)

Paul E. Kerns v. Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania. Paul E. Kerns, Appellant.

Commonwealth Court of Pennsylvania.

December 29, 1976.

Attorney(s) appearing for the Case

Victor Dell'Alba, for appellant.

Charles G. Hasson, Assistant Attorney General, with him Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.

Argued December 6, 1976, before Judges KRAMER, WILKINSON, JR. and ROGERS, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, December 29, 1976:

Claimant appeals from an order of the Unemployment Compensation Board of Review (Board) denying him benefits under Section 402(h) of the Unemployment Compensation Law.1 The Board, affirming the referee, found that claimant was an unemployed businessman and, thus, ineligible for benefits. We agree.

The record shows that claimant was the owner of one-quarter (1/4) of the capital stock...

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