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TOTH v. BERWIND-WHITE COAL MINING CO. ET AL.

73 Pa. D. & C. 563 (1950)

Toth v. Berwind-White Coal Mining Company et al.

Common Pleas Court of Cambria County, Pennsylvania.

May 22, 1950.

Attorney(s) appearing for the Case

George Jerko and Llewellyn E. Lloyd, for claimant.

Francis A. Dunn, for defendants.

Before McCann, P.J., and Griffith, J.

GRIFFITH, J., May 22, 1950.

It is admitted that claimant is totally disabled by reason of anthraco-silicosis, and the referee awarded compensation under The Occupational Disease Act of June 21, 1939, P.L. 566, 77 PS § 1401 et seq., and the board affirmed the referee.

Defendants appealed to the court on two grounds: (1) That although the anthraco-silicosis from which claimant is suffering solely and of itself is sufficient to

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