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MOSS v. PHILADELPHIA

209 Pa.Super. 317 (1967)

MOSS, Appellant, v. Philadelphia.

Superior Court of Pennsylvania.

March 23, 1967.

Attorney(s) appearing for the Case

Albert Ring, with him Don F. D'Agui, and D'Agui and Del Collo, for appellant.

Matthew W. Bullock, Jr., Second Deputy City Solicitor, with him Jerome R. Richter and Benjamin Cherry, Assistant City Solicitors, and Edward G. Bauer, Jr., City Solicitor, for City of Philadelphia, appellee.

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

OPINION BY WATKINS, J., March 23, 1967:

This is an appeal from an order of the Court of Common Pleas No. 5 of Philadelphia County, opening a judgment entered upon an award made by the Workmen's Compensation Referee. The claimant-appellant, John W. Moss, was injured on duty as a prison guard on February 13, 1962. He was unable to work for 99 days. During his disability he received full pay from the City of Philadelphia. At the time of the hearing before the referee...

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