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BURLINGAME v. COM. OF PA.

No. 2743 C.D. 1987.

125 Pa.Commw. 178 (1989)

557 A.2d 1128

Estate of Ruth W. Burlingame, Deceased, Petitioner v. Commonwealth of Pennsylvania, Public School Employees' Retirement System, Respondent.

Commonwealth Court of Pennsylvania.

April 14, 1989.

Attorney(s) appearing for the Case

Harold G. Caldwell, Vineski, Brann, Williams, Caldwell & Mott, for petitioner.

Richard D. Michlovitz, for respondent.

Argued September 16, 1988, before Judges CRAIG, DOYLE and PALLADINO, sitting as a panel of three. Reargued February 8, 1989, before President Judge CRUMLISH, JR., and Judges CRAIG, DOYLE, BARRY, COLINS, McGINLEY and SMITH.

OPINION BY JUDGE CRAIG, April 14, 1989:

Before us is an appeal by the Estate of Ruth W. Burlingame (Estate) from an order of the Public School Employees' Retirement Board which denied the request of Amelia Wells, Executrix of the Estate, and Jarvis and Cecelia Burlingame for death benefits.1 The board also denied the Estate's petition to reopen the record.

The board made the following pertinent findings. Mrs. Burlingame was a member...

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