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In the Matter of the Claim of DeWITT T. PURDUE, Respondent. FRIEDA S. MILLER, as Industrial Commissioner, Appellant.

The Board held that claimant worked in a covered employment during the period between October 16, 1939, and July 12, 1941, and that he was available for employment and eligible for Unemployment Insurance benefits based on his earnings. Claimant was employed as a member of the choir which performed in "The Man Who Came to Dinner." During his engagement claimant regularly attended classes at a New York city high school, his hours of attendance being from 9:00 A.M. to 2:25 P.M. each school day. Under the statute claimant did not work in a covered employment. Decision of the Unemployment Insurance Appeal Board reversed, without costs, and the claim dismissed, without costs. Hill, P.J., Crapser, Bliss, Heffernan and Schenck, JJ., concur.

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MATTER OF PURDUE
(Jan 13, 1943)