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SCHULTZ v. UNEMPL. COMP. BD. OF REVIEW

No. 703 C.D. 1976.

29 Pa.Commw. 406 (1977)

Max Schultz, Appellant v. Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania, Appellee.

Commonwealth Court of Pennsylvania.

March 28, 1977.

Attorney(s) appearing for the Case

Richard B. Malis, with him Malis, Tolson & Malis, for appellant.

David Bianco, Assistant Attorney General, with him Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.

Argued January 31, 1977, before Judges KRAMER, ROGERS and BLATT, sitting as a panel of three.

OPINION BY JUDGE KRAMER, March 28, 1977:

This is an appeal by Max Schultz (appellant) 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 appellant was an unemployed businessman and, thus, ineligible for benefits.

The record shows that appellant was the owner of 25% of the capital stock...

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