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BYRD v. UNEMPL. COMP. BD. OF REVIEW

No. 204 C.D. 1979.

52 Pa.Commw. 240 (1980)

Luther Byrd, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent.

Commonwealth Court of Pennsylvania.

June 19, 1980.

Attorney(s) appearing for the Case

Marjorie A. Janoski, with her Richard P. Perna, for petitioner.

Elsa D. Newman-Silverstine, Assistant Attorney General, with her Richard Wagner, Chief Counsel and Edward G. Biester, Jr., Attorney General, for respondent.

Argued June 2, 1980, before Judges WILKINSON, JR., MacPHAIL and WILLIAMS, JR., sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., June 19, 1980:

Petitioner (claimant) appeals from an order of the Unemployment Compensation Board of Review (Board) dismissing his appeal from the order of the referee denying unemployment compensation benefits. We reverse and remand.

Claimant began work as a taxi cab driver on September 7, 1978. On the night of September 8, 1978 claimant picked up a fare and drove without putting

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