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NICELY v. UNEMPL. COMP. BD. OF REVIEW

No. 2206 C.D. 1977.

44 Pa.Commw. 250 (1979)

Rosa Lee Nicely, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent.

Commonwealth Court of Pennsylvania.

July 13, 1979.

Attorney(s) appearing for the Case

Nathaniel C. Nichols, for petitioner.

Richard Wagner, Chief Counsel, Assistant Attorney General, with him Michael D. Klein, Assistant Attorney General, and Gerald Gornish, Acting Attorney General, for respondent.

Argued April 4, 1979, before President Judge BOWMAN and Judges WILKINSON, JR., ROGERS, BLATT, CRAIG and MacPHAIL. Judges CRUMLISH, JR., MENCER and DiSALLE did not participate.

OPINION BY JUDGE BLATT, July 13, 1979:

The issue here is whether or not the petitioner, Rosa Lee Nicely, was able and available for work and therefore eligible for unemployment compensation benefits.

The petitioner was a school-crossing guard who became unemployed at the end of the school term and was denied unemployment compensation benefits during the ensuing summer months. The referee found she was not realistically attached to the labor market because...

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