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LOWERY v. PITTS. COAL CO.

216 Pa.Super. 362 (1970)

Lowery v. Pittsburgh Coal Company (et al., Appellant).

Superior Court of Pennsylvania.

June 11, 1970.

Attorney(s) appearing for the Case

Richard C. Witt, Special Assistant Attorney General, with him Clyde M. Hughes, Jr., Assistant Attorney General, and William C. Sennett, Attorney General, for Commonwealth, appellant.

Stephen I. Richman, and Greenlee, Richman, Derrico & Posa, for appellee.

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

OPINION BY WRIGHT, P.J., June 11, 1970:

This case is before us for the second time. It arises as the result of a claim petition under The Pennsylvania Occupational Disease Act1 filed by Joel S. Lowery on May 7, 1964, alleging that he became totally disabled from silicosis on June 4, 1955. By order dated June 9, 1965, the Referee dismissed the claim petition. On April 21, 1966, the...

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