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BIEVENOUR v. UNEMPL. COMP. BD. OF REV.

No. 1378 C.D. 1977.

42 Pa.Commw. 616 (1979)

Lewis J. Bievenour, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent.

Commonwealth Court of Pennsylvania.

May 17, 1979.

Attorney(s) appearing for the Case

Rajeshwar Kumar, for petitioner.

Michael D. Klein, Assistant Attorney General, with him James K. Bradley, Assistant Attorney General, Daniel R. Schuckers, Assistant Attorney General, and Gerald Gornish, Acting Attorney General, for respondent.

Argued December 8, 1978, before Judges CRUMLISH, JR., BLATT and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., May 17, 1979:

The Unemployment Compensation Board of Review disallowed the appeal of Lewis J. Bievenour (Bievenour) from a referee's denial of benefits. He appeals to us. We affirm.

Is Section 4(1)(4)(5) of the Unemployment Compensation Law1 (Act) which provides that the word "employment" shall not include "service performed by an individual in the employ of his son, daughter, or spouse, and service...

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