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TEMPLE v. DEPT. OF HIGHWAYS et al.

218 Pa.Super. 155 (1971)

Temple v. Department of Highways et al., Appellants.

Superior Court of Pennsylvania.

March 23, 1971.

Attorney(s) appearing for the Case

Raymond Kleiman, Deputy Attorney General, with him Thomas E. Roberts, Assistant Attorney General, and Fred Speaker, Attorney General, for Commonwealth, appellant.

Ewing B. Pollock, with him James B.F. Rinehart, for appellee.

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

OPINION PER CURIAM, March 23, 1971:

Order affirmed.

DISSENTING OPINION BY MONTGOMERY, J.:

I respectfully dissent from the affirmance of the lower court in dismissing the appeal of the Pennsylvania Department of Highways and State Workmen's Insurance Fund.

Although the record supports the finding of the Workmen's Compensation Board that on February 23, 1965, a compensable injury occurred to appellee, David L. Temple, the Board failed to deduct...

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