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UNEMPL. COMP. BD. OF REVIEW v. RHODERICK

No. 1104 C.D. 1976.

29 Pa.Commw. 617 (1977)

Unemployment Compensation Board of Review of the Commonwealth of Pennsylvania v. Norman R. Rhoderick, Appellant.

Commonwealth Court of Pennsylvania.

April 21, 1977.

Attorney(s) appearing for the Case

Richard Thrasher, for appellant.

George O. Phillips, Assistant Attorney General, with him Robert P. Kane, Attorney General, for appellee.

Argued March 11, 1977, before Judges CRUMLISH, JR., KRAMER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., April 21, 1977:

Claimant, Norman R. Rhoderick, appeals the decision and order of the Unemployment Compensation Board of Review (Board) which reversed a referee's decision granting him benefits. The Board's reversal was based on Section 402(e) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 802(e), which states in relevant part:

An employee...

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