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BARLOW UNEMPLOYMENT COMPENSATION CASE. (07/21/55)

July 21, 1955

BARLOW UNEMPLOYMENT COMPENSATION CASE.


Appeals, Nos. 37 and 38, March T., 1955, by claimants, from decisions of Unemployment Compensation Board of Review, dated September 14, 1954, Nos. B-37535 and B-37538, in re claims of Henry F. Barlow and Stephen J. Fallat. Decision in each case affirmed.

COUNSEL

William L. Hammond, Special Deputy Attorney General, with him Herbert B. Cohen, Attorney General, for Unemployment Compensation Board of Review, appellee.

MacTroutman, for employer, intervening appellee.

Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, Woodside and Ervin, JJ.

Author: Woodside

[ 178 Pa. Super. Page 279]

OPINION BY WOODSIDE, J.,

The issue to be determined in this case is whether claimants are eligible for benefits under the Unemployment Compensation Law for a period during which they were devoting practically all their time to the development of an independent mining operation on a partnership basis from which no profits had been received.

The two claimants, whose cases we are considering together, had valid separations from their last employment. Both were experienced miners. When they could not obtain employment they and two other men entered into a partnership agreement for the purpose of starting an independent mining operation. The partners leased a tract of land from the Northumberland County Commissioners under an agreement to pay a royalty of 35› per ton on the coal removed.

They invested approximately $3000 in mining equipment, made arrangements to lease other equipment when needed, and obtained a purchaser for any coal secured through their mining operation.

From April 27, 1954 until July 20, 1954, the time of the hearing, each partner worked approximately permitted. To that time they had dug a slope approximately 90 feet deep, but had not yet struck any saleable coal.

In spite of the delays brought about by their encountering unexpected rock and water, the claimants and the partners intended to keep on working the operation until they were able to remove saleable coal.

During the time for which claims are made, the claimants were properly ...


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