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VILLANTE v. UN. COMP. BD. OF REV.

No. 2204 C.D. 1979.

65 Pa.Commw. 276 (1982)

Gary M. Villante, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent.

Commonwealth Court of Pennsylvania.

March 11, 1982.

Attorney(s) appearing for the Case

Bruce P. Friedman, Cohn & Orlowitz, for petitioner.

William Kennedy, Associate Counsel, with him Elsa D. Newman-Silverstine, Assistant Attorney General, Richard Wagner, Chief Counsel, and Harvey Bartle, III, Attorney General, for respondent.

Argued November 19, 1981, before President Judge CRUMLISH, JR. and Judges WILLIAMS, JR. and MacPHAIL, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., March 11, 1982:

Gary Villante appeals an Unemployment Compensation Board of Review order which found him ineligible for benefits under Section 401(d)1 of the Unemployment Compensation Law. We vacate and remand.

Villante worked full-time for Gould, Inc., on the 4 p.m. to 12:30 a.m. shift for the two years prior to his layoff. In the second year of his employment, he enrolled as a day student...

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