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FOOD FAIR STORES v. UNEMPL. COMP. BD.

No. 663 C.D. 1973.

11 Pa.Commw. 535 (1974)

Food Fair Stores, Inc., Appellant, v. Commonwealth of Pennsylvania Unemployment Compensation Board of Review, Appellee.

Commonwealth Court of Pennsylvania.

January 29, 1974.

Attorney(s) appearing for the Case

Andrew S. Price, with him Frank E. Hahn, Jr., John F.E. Hippel and Obermayer, Rebmann, Maxwell & Hippel, for appellant.

Sydney Reuben, Assistant Attorney General, for appellee.

Submitted on briefs January 11, 1974, to Judges KRAMER, WILKINSON, JR. and ROGERS, sitting as a panel of three.

OPINION BY JUDGE ROGERS, January 29, 1974:

The unemployment compensation claimant in this case, Robert J. Dilbeck, Sr., had been employed by Food Fair Stores, Inc. for more than fifteen years. On December 6, 1971, his work assignment was as a helper on a delivery truck. On that date he and the driver of a Food Fair truck were observed by private security personnel removing merchandise belonging to Food Fair and worth more than $900 from the truck to a private garage...

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