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RUSSELL C. FRAZEE v. COMMONWEALTH PENNSYLVANIA (06/17/85)

decided: June 17, 1985.

RUSSELL C. FRAZEE, APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW



Appeal No. 52 W.D. Appeal Dkt. 1984; from Order of Commonwealth Court entered June 11, 1984, Sustaining Preliminary Objection to Mandamus Proceeding at No. 584 C.D. 1984; Pa. Commw. (1984).

COUNSEL

Julie Frazee-Steidl, Russell C. Frazee, Frazee-Steidl & Frazee, Bethel Park, for appellant.

Maura A. Johnston, Deputy Atty. Gen., Charles Hasson, Chief Counsel, Harrisburg, for appellee.

David L. McClenahan, Kirkpatrick, Lockhart, Johnson & Hutchinson, Pittsburgh, for Allegheny General Hosp.-intervenor.

Nix, C.j., and Larsen, Flaherty, McDermott, Hutchinson, Zappala and Papadakos, JJ.

Author: Per Curiam

[ 508 Pa. Page 50]

ORDER

The direct appeal is quashed. 42 Pa.C.S. § 723(a); O'Brien v. Commonwealth, State Employes' Retirement System, 503 Pa. 414, 469 A.2d 1008 (1983), cert. denied, U.S. ,

[ 508 Pa. Page 51105]

S.Ct. 83, 83 L.Ed.2d 30 (1984); XPress Truck Lines, Inc. v. Pennsylvania Liquor Control Board, 503 Pa. 399, 469 A.2d 1000 (1983); Gossman v. Lower Chanceford Township Board of Supervisors, 503 Pa. 392, 469 A.2d 996 (1983); Pennsylvania Department of Aging v. Lindberg, 503 Pa. 423, 469 A.2d 1012 (1983). Treating appellant's papers as a petition for allowance of appeal, 42 Pa.C.S. § 724(b), Pa.R.A.P. 1103, the petition is dismissed because it is not ripe and no final order has been entered on the appellant's currently pending Commonwealth Court appeal from the Unemployment Compensation Board's order denying benefits. 42 Pa.C.S. § 724(a).

The record is remanded to Commonwealth Court for appropriate consideration of appellant's request for review of the Unemployment Compensation Board's order denying benefits.

Disposition

The record is remanded to Commonwealth Court for appropriate consideration of appellant's request for review of the Unemployment ...


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