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SCARIATO v. NO. 9 COAL COMPANY

176 Pa.Super. 1 (1954)

Scariato v. No. 9 Coal Company, Appellant.

Superior Court of Pennsylvania.

Reargued March 26, 1954.

July 13, 1954.

Attorney(s) appearing for the Case

E. Mac Troutman, with him Penrose Hertzler, for appellant.

Thomas B. Noonan, with him Thomas L. Kennedy, Jr., for appellee.

Before HIRT, ROSS, GUNTHER, WRIGHT, WOODSIDE and ERVIN, JJ. (RHODES, P.J., absent).

OPINION BY HIRT, J., July 13, 1954:

Plaintiff claimed compensation for the death of her husband under The Pennsylvania Occupational Disease Act of June 21, 1939, P.L. 566, then in effect. Her husband Ross Scariato died on May 14, 1951. The claim was for death from anthraco-silicosis under § 301(e) of the Act, which provided for compensation for "death caused solely (as definitely distinguished from a contributory or accelerating cause) by silicosis, anthraco...

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