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WIGFIELD v. OVERLY MFG. CO. et al.

213 Pa.Super. 459 (1968)

Wigfield v. Overly Manufacturing Company et al., Appellants.

Superior Court of Pennsylvania.

December 6, 1968.

Attorney(s) appearing for the Case

Michael B. Kaleugher, with him Clem R. Kyle, for appellants.

Edgar P. Herrington, Jr., for appellee.

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

OPINION PER CURIAM, December 6, 1968:

The appeal is dismissed and the record is remitted to the court below for entry of a judgment in favor of the claimant. As so entered, the judgment is affirmed.

DISSENTING OPINION BY MONTGOMERY, J.:

I would reverse the decision of the lower court and remand the record to the Workmen's Compensation Board for further hearing and reconsideration. The lower court substituted its finding of fact as to the cause of death...

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