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BAMBRICK v. ASTEN HILL MFG. CO. et al.

Appeals Nos. 867 C.D. 1971, 872 C.D. 1971, 873 C.D. 1971 and 912 C.D. 1971.

5 Pa.Commw. 664 (1972)

Bambrick v. Asten Hill Mfg. Co., et al. Utter v. Asten Hill Mfg. Co., et al. Utter v. Asten Hill Mfg. Co., et al.

Commonwealth Court of Pennsylvania.

May 25, 1972.

Attorney(s) appearing for the Case

John F. McElvenny, with him Frederick W. Anton, III, for appellant, Asten Hill Mfg. Co. and Pa. Manufacturers' Assoc. Ins. Co.

Joyce Ullman, Special Assistant Attorney General, for appellant, Commonwealth.

Stephen E. Levin, Special Assistant Attorney General, for appellant, Insurance Fund.

Joseph V. Furlong, Jr., with him Tabas, Smith & Furlong, for appellees.

Argued April 6, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE WILKINSON, May 25, 1972:

We are here concerned with three appeals which arise as a result of claims brought pursuant to Section 310(e) of the Pennsylvania Occupational Disease Act, Act of June 21, 1939, P.L. 566, No. 264, as amended, 77 P.S. § 1401 (e) which provides that ". . . Compensation shall be payable . . . for total disability or death caused by . . . asbestosis. . . ."

The three claimants were successful before the referee and...

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