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NOVAK v. UN. COMP. BD. OF REV.

No. 2072 C.D. 1981.

73 Pa.Commw. 148 (1983)

Don W. Novak, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent.

Commonwealth Court of Pennsylvania.

March 25, 1983.

Attorney(s) appearing for the Case

Stephen P. McCloskey, Phillips & Faldowski, for petitioner.

Marybeth A. Stanton, Deputy Attorney General, with her Allen C. Warshaw, Deputy Attorney General, Chief Special Litigation Section, and LeRoy S. Zimmerman, Attorney General, for respondent.

Argued October 7, 1982, before Judges ROGERS, WILLIAMS, JR. and DOYLE, sitting as a panel of three.

OPINION BY JUDGE WILLIAMS, JR., March 25, 1983:

Don W. Novak (claimant) appeals an order of the Unemployment Compensation Board of Review denying him benefits under Section 404(d)(iii) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 804(d)(iii), which rendered him ineligible for benefits due to his receipt of a U.S. Marine Corps Military Pension.

The claimant was employed...

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