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DUQUESNE LIGHT CO. v. UN. COMP. BD. OF REV.

No. 2344 C.D. 1980.

64 Pa.Commw. 100 (1982)

Duquesne Light Company, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent.

Commonwealth Court of Pennsylvania.

January 11, 1982.

Attorney(s) appearing for the Case

Larry R. Crayne, for petitioner.

John Kupchinsky, Associate Counsel, with him Charles Donahue, Associate Counsel, and Richard L. Cole, Jr., Chief Counsel, for respondent.

Argued December 18, 1981, before Judges MENCER, CRAIG and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE CRAIG, January 11, 1982:

In this appeal by an employer from a grant of unemployment compensation benefits, the question of law is whether the claimant had "cause of a necessitous and compelling nature"1 to retire voluntarily at age 65, rather than at the compulsory retirement age of 70, where, as the board found, his fringe benefits would be frozen at the level attained, so as not to increase further after age 65. We must...

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