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LIBBEY-OWENS-FORD CO. v. UN. COMP. BD. OF R.

No. 772 C.D. 1977.

42 Pa.Commw. 430 (1979)

Libbey-Owens-Ford Company, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review and Rudolf J. Svitek, Jr. et al., Respondents.

Commonwealth Court of Pennsylvania.

May 7, 1979.

Attorney(s) appearing for the Case

Michael C. Fox, with him James H. Stewart, Jr., and Nauman, Smith, Shissler & Hall, for appellant.

Reese Couch, Assistant Attorney General, with him Gerald Gornish, Attorney General, for appellee.

Argued December 5, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., MENCER, ROGERS, BLATT, DiSALLE and CRAIG. Judges WILKINSON, JR. and MacPHAIL did not participate.

OPINION BY JUDGE CRUMLISH, JR., May 7, 1979:

The Unemployment Compensation Board of Review (Board) affirmed a referee's award of benefits to Rudolf J. Svitek, Jr.1 His employer, Libbey-OwensFord Company, appealed. The issue for determination is whether Svitek was "indefinitely separated from his employment" within the meaning of Section 404(d)(ii) of the Unemployment Compensation Law (Act)2 so that benefits...

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