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ROCHESTER MACH. C. v. UN. COMP. BD. OF REV.

No. 796 C.D. 1980.

60 Pa.Commw. 327 (1981)

Rochester Machine Corporation, Petitioner v. Commonwealth of Pennsylvania Unemployment Compensation Board of Review, Respondent. Don Emerick, Intervenor.

Commonwealth Court of Pennsylvania.

July 6, 1981.

Attorney(s) appearing for the Case

John J. Petrush, Petrush & Miller, for petitioner.

William J. Kennedy, Associate Council, with him Richard Wagner, Counsel, and Richard L. Cole, Jr., Chief Counsel, for respondent.

No appearance for intervenor.

Argued April 8, 1981, before President Judge CRUMLISH and Judges BLATT and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, July 6, 1981:

Rochester Machine Corporation appeals from an order of the Unemployment Compensation Board of Review (Board), which reversed the referee and found Don Emerick (Claimant) eligible for unemployment compensation benefits. Subsequent to a remand hearing for the taking of additional testimony by its hearing officer, the Board determined that Claimant was not guilty of willful...

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