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ZACKERY v. SWCC

Nos. 14287, 14282.

253 S.E.2d 532 (1979)

Pete ZACKERY v. SWCC and Frank Sovastion et al. Paul P. SHUFF v. SWCC, and Cedar Coal Co., et al.

Supreme Court of Appeals of West Virginia.

April 10, 1979.

Attorney(s) appearing for the Case

Allan N. Karlin, Morgantown, for appellants.

No appearance for appellees SWCC and Sovastion, et al., 14287.

K. Paul Davis, Davis & Nesius, South Charleston, for appellees SWCC and Cedar Coal Co., et al.

HARSHBARGER, Justice:

These are appeals from orders of the Workmen's Compensation Appeal Board denying appellants, Paul P. Shuff and Pete Zackery, the presumption in W.Va.Code, 23-4-8c(b):

If it can be shown that the claimant or deceased employee has been exposed to the hazard of inhaling minute particles of dust in the course of and resulting from his employment for a period of ten years during the fifteen years immediately preceding the date of his...

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