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ZERBE v. UNEMPLOYMENT COMP. BD. OF REV.

545 Pa. 406 (1996)

681 A.2d 740

Thomas C. ZERBE, Jr., Appellee, v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Commonwealth of Pennsylvania, Office of Attorney General, Intervenor. Appeal of COMMONWEALTH of Pennsylvania, OFFICE OF ATTORNEY GENERAL, Intervenor.

Supreme Court of Pennsylvania.

Decided August 21, 1996.

Attorney(s) appearing for the Case

Michael L. Harvey, Calvin R. Koons, John G. Knorr, III, Thomas W. Corbett, Jr., Attorney General, Harrisburg, for the Commonwealth.

Randall S. Brandes, for Unemployment Compensation Board of Review.

Thomas C. Zerbe, Jr., Harrisburg, for Thomas C. Zerbe, Jr.

Before NIX, C.J., and FLAHERTY, ZAPPALA, CAPPY and CASTILLE, JJ.

OPINION

CASTILLE, Justice.

The issue before this Court is whether an employee who occupies a position which is designated as a major nontenured policymaking position or advisory position is eligible for unemployment compensation after dismissal. For the reasons expressed below, we find that the Commonwealth Court erred by remanding this matter to the Unemployment Compensation Board and, therefore, reverse...

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