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LOWERY v. PITTSBURGH COAL CO. et al.

210 Pa.Super. 75 (1967)

Lowery v. Pittsburgh Coal Company et al., Appellants.

Superior Court of Pennsylvania.

June 16, 1967.

Attorney(s) appearing for the Case

Benjamin Diamond, for Commonwealth, appellant.

Anthony J. Polito, Robert T. Messner, and Rose, Schmidt & Dixon, for appellant.

Stephen I. Richman, with him Greenlee, Richman, Derrico & Posa, for appellee.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ.

OPINION BY WRIGHT, J., June 16, 1967:

This case arises under The Pennsylvania Occupational Disease Act of June 21, 1939, P.L. 566, 77 P.S. 1201 et seq. On May 7, 1964, Joel S. Lowery filed a claim petition alleging that he became totally disabled from silicosis on June 4, 1955. Answers were filed by the employer and the Commonwealth.1 On May 25, 1964, before any hearing had taken place, Lowery died. His death was called to the Board's...

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