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

No. 1739 C.D. 1979.

57 Pa.Commw. 439 (1981)

Joseph C. Marchione, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review and Monumental Life Insurance Co., Respondents.

Commonwealth Court of Pennsylvania.

March 12, 1981.

Attorney(s) appearing for the Case

John H. Clark, Jr., for petitioner.

Steven R. Shepard, Assistant Secretary and Assistant Counsel, for respondent, Monumental Life Insurance Company.

Argued September 12, 1980, before Judges MENCER, CRAIG and WILLIAMS, JR., sitting as a panel of three.

OPINION BY JUDGE WILLIAMS, JR., March 12, 1981:

Joseph C. Marchione (claimant) appeals from an order of the Unemployment Compensation Board of Review affirming a referee's decision denying him eligibility for unemployment benefits. The referee decided that the claimant, a former insurance agent, had been remunerated for his services "solely by way of commission" in terms of Section 4(1)(4)(17) of the Unemployment Compensation Law (Law),1

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