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FLYNN v. ASTEN HILL MFG. CO. ET AL.

No. 79 C.D. 1976.

34 Pa.Commw. 218 (1978)

John Flynn, Deceased, by Catherine Flynn, His Widow v. Asten Hill Manufacturing Co. and Commonwealth of Pennsylvania. Commonwealth of Pennsylvania, Appellant.

Commonwealth Court of Pennsylvania.

March 8, 1978.

Attorney(s) appearing for the Case

Mary Ellen Krober, Assistant Attorney General, with her David A. Ody, Assistant Attorney General, for appellant.

Vincent B. Corsetti, for appellee.

Argued October 7, 1977, before Judges ROGERS and BLATT, sitting as a panel of two. Reargued December 7, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., ROGERS, BLATT and DiSALLE.

OPINION BY JUDGE WILKINSON, JR., March 8, 1978:

This appeal was initially argued before a panel of Judges, and was then directed for reargument before the Court en banc. It brings before this Court a case of first impression regarding The Pennsylvania Occupational Disease Act (Act), Act of June 21, 1939, P.L. 566, as amended, 77 P.S. § 1201 et seq. The issue presented is whether a widow is entitled to recover disability compensation, and/or compensation...

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