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BOYERTOWN BURIAL CASKET CO. v. COMMONWEALTH (03/19/51)

March 19, 1951

BOYERTOWN BURIAL CASKET CO., APPELLANT,
v.
COMMONWEALTH



Appeals, Nos. 9 and 10, May T., 1951, from orders of Court of Common Pleas of Dauphin County, Commonwealth Docket, 1948, Nos. 139 and 140, in case of Boyertown Burial Casket Co., v. Commonwealth of Pennsylvania. Orders affirmed.

COUNSEL

Henry S. Drinker, with him Henry W. Sawyer, 3rd, Eliot B. Thomas, Lewis H. Van Dusen, Jr., and Drinker, Biddle & Reath for appellant.

Morely W. Baker, Special Deputy Attorney General, with him Charles J. Margiotti, Attorney General, for appellee

Before Drew, C.j., Stern, Stearne, Jones, Bell and Ladner, JJ.

[ 366 Pa. Page 592]

OPINION PER CURIAM

The respective orders appealed from are affirmed on the opinion of Judge SMITH for the court below.

Orders affirmed.

Disposition

The respective orders appealed from are affirmed on the opinion of Judge SMITH for the court below.

Orders affirmed.

STATEMENT OF CASE FOOTNOTES

1 Benefit rights of the Company's striking employees were determined under the provisions of section 402 (d) of the Pennsylvania Unemployment Compensation Law as amended by section 9 of the Act of May 29, 1945, P.L. 1145, then in force, which section provided as follows: "Section 402. Ineligibility for Compensation. -- An employee shall be ineligible for compensation for any week --... "(d) In which his unemployment is due to a voluntary suspension of work resulting from an industrial dispute, at the... premises at which he... was last employed: Provided, That this disqualification shall apply only to any week of unemployment which, in whole or in part, includes any part of the period beginning with the day on which such suspension occurs and ending with (i) the last day of the fourth calendar week immediately following the calendar week in which such suspension occurs, or (ii) the day on which such suspension was terminated, whichever is the earlier".

2 By virtue of the provisions of the Act of June 10, 1947, P.L. 498, and the Act of July 9, 1947, P.L. 1469, the Company's contribution rate, as determined by the Bureau, was reduced to 1.5% for the second, ...


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