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GALLAGHER v. UNEMPL. COMP. BD. OF REV. ET AL.

No. 1957 C.D. 1977.

42 Pa.Commw. 344 (1979)

James Gallagher, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review and Southeastern Pennsylvania Transportation Authority, Respondents.

Commonwealth Court of Pennsylvania.

May 1, 1979.

Attorney(s) appearing for the Case

Joseph C. Hare, with him David C. Harrison, for appellant.

Charles G. Hasson, Assistant Attorney General, for appellee.

Argued February 5, 1979, before Judges CRUMLISH, JR., WILKINSON, JR. and MENCER, sitting as a panel of three.

OPINION BY JUDGE MENCER, May 1, 1979:

James Gallagher (claimant), a trainman employed by the Southeastern Pennsylvania Transportation Authority (SEPTA), appeals the denial of unemployment compensation benefits by the Unemployment Compensation Board of Review (Board) on the ground of willful misconduct. We affirm.

On January 31, 1976, claimant finished work at 4:30 p.m. About midnight, he returned to the SEPTA terminal to inquire whether work was available...

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