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BALDWIN-WHITEHALL v. UNEMPLOYMENT COMP. BD.

848 A.2d 1021 (2004)

BALDWIN-WHITEHALL SCHOOL DISTRICT, Petitioner v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, Respondent.

Commonwealth Court of Pennsylvania.

Decided February 11, 2004.

Publication Ordered April 30, 2004.

Attorney(s) appearing for the Case

Gerri L. Sperling, Pittsburgh, for petitioner.

Teresa H. DeLeo, Harrisburg, for respondent.

Timothy G. Wojton, Pittsburgh, for intervenor, J. D'Alessandro.

BEFORE: FRIEDMAN, Judge, COHN, Judge, and McCLOSKEY, Senior Judge.

OPINION BY Judge COHN.

This is an appeal by Baldwin-Whitehall School District (Employer) from an order of the Unemployment Compensation Board of Review (Board) that reversed a referee's decision to deny benefits on the basis that Joseph L. D'Alessandro (Claimant) was not "unemployed" within the meaning of Sections 401 and 4(u) of the Unemployment Compensation Law (Law), Act of December 5, 1936, Second Ex.Sess., P.L. (1937...

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