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BIEMESDERFER v. UN. COMP. BD. OF REV.

No. 2588 C.D. 1980.

71 Pa.Commw. 576 (1983)

Thomas J. Biemesderfer, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent.

Commonwealth Court of Pennsylvania.

February 4, 1983.

Attorney(s) appearing for the Case

Michael Goldberg, with him Marian E. Frankston, for petitioner.

James K. Bradley, Associate Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.

Submitted on briefs November 15, 1982, to Judges BLATT, WILLIAMS, JR. and CRAIG, sitting as a panel of three.

OPINION BY JUDGE BLATT, February 4, 1983:

The petitioner, Thomas J. Biemesderfer, argues that the Unemployment Compensation Board of Review (Board) erred in determining that his status as a part-time student made him unavailable for work within the purview of Section 401(d) of the Unemployment Compensation Law (Act), Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. § 801(d). The Board found that "the claimant is primarily...

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