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COMMONWEALTH v. CITY OF OIL CITY ET AL.

No. 30 C.D. 1974.

15 Pa.Commw. 544 (1974)

Commonwealth of Pennsylvania, Appellant, v. City of Oil City and William L. Hanel, Appellees.

Commonwealth Court of Pennsylvania.

November 6, 1974.

Attorney(s) appearing for the Case

Joseph F. Strain, with him Samuel C. Vary, Assistant Attorney General, and Edward A. Mihalik, Counsel, for appellant.

Ralph L. Montgomery, Jr., with him F. Walter Bloom, III, City Solicitor, for appellee, City of Oil City.

John McFate, for appellee, William L. Hanel.

Argued October 10, 1974, before Judges CRUMLISH, JR., KRAMER and WILKINSON, JR., sitting as a panel of three.

OPINION BY JUDGE WILKINSON, November 6, 1974:

This case involves the inter-relation between two statutes: Section 108(o) of the Pennsylvania Occupational Disease Act, Act of June 21, 1939, P.L. 566, as amended, 77 P.S. § 1208(o) (Supp. 1974-1975), and the so-called Heart and Lung Act, Act of June 28, 1935, P.L. 477, as amended, 53 P.S. § 637. The issue to be decided, as framed by the...

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