Opinion
January 22, 1940.
March 25, 1940.
Before SCHAFFER, C. J., MAXEY, DREW, LINN, STERN, BARNES and PATTERSON, JJ.
Appeal, No. 25, May T., 1940, from order of Superior Court, March T., 1940, No. 5, reversing order of Unemployment Compensation Board of Review, No. B-44-4-B-75, in case of Susquehanna Collieries Company v. Unemployment Compensation Board of Review. Order affirmed.
Appeal of last employer to Board of Review from decision of referee affirming an award of unemployment compensation by Department of Labor and Industry and dismissing the appeal of the employer.
The facts are stated in the opinion of the Superior Court, reported in 137 Pa. Super. 110.
Order entered by Board dismissing appeal. Employer appealed to Superior Court which reversed the order of the Board and remitted the record for further action. An appeal was allowed to the Supreme Court from the order of the Superior Court.
Error assigned, among others, was order of Superior Court.
Charles R. Davis, Special Deputy Attorney General, for appellant.
Henry A. Gordon, for appellee.
Argued January 22, 1940.
The order of the Superior Court is affirmed on Judge PARKER'S opinion. Costs to be paid by appellant.