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NEW KENSINGTON-ARNOLD S. D. v. U. C. B. OF R.

No. 1510 C.D. 1978.

44 Pa.Commw. 551 (1979)

New Kensington-Arnold School District, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review and Bernard J. Smith, Jr., Respondents.

Commonwealth Court of Pennsylvania.

July 31, 1979.

Attorney(s) appearing for the Case

Philip Corbin, Jr., for petitioner.

GuruJodha Singh Khalsa, Assistant Attorney General, with him Reese F. Couch, Assistant Attorney General, and J. Justin Blewitt, Acting Attorney General, for respondent, Unemployment Compensation Board of Review.

Shelley W. Elovitz, with him Ronald N. Watzman. for respondent, Bernard J. Smith, Jr.

Argued May 11, 1979, before Judges BLATT, DiSALLE and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE BLATT, July 31, 1979:

Bernard J. Smith, Jr. (claimant) was dismissed by the New Kensington-Arnold School District (employer) for immoral conduct in connection with his teaching responsibilities. Although he was denied unemployment benefits by the Bureau of Employment Security, he was later granted benefits by a referee who held that the employer had not proved the discharge to have been for willful misconduct as required by Section 402(e) of the Unemployment...

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