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SHORE v. BELL TEL. CO. OF PA.

389 Pa. 445 (1957)

Shore, Appellant, v. Bell Telephone Company of Pennsylvania, Appellant.

Supreme Court of Pennsylvania.

Decided May 21, 1956.

Petition for reargument granted September 25, 1956.

June 3, 1957.

Attorney(s) appearing for the Case

J.B.H. Carter, with him John B. King and Pepper, Bodine, Frick, Scheetz & Hamilton, for defendant.

S. Regen Ginsburg, with him H.P. Abramson and Jay B. Leopold, for plaintiff.

Before STERN, C.J., JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ. Initially decided May 21, 1956. Judgment modified, BELL, J. dissenting.

OPINION BY MR. JUSTICE BELL, June 3, 1957:

Plaintiff, who was the estranged wife of a deceased employee of defendant, brought a suit in assumpsit to recover additional Sickness Death Benefits under defendant's Plan for Employees' Pensions, Disability Benefits and Death Benefits. The employee died of sickness July 7, 1952. Plaintiff, who was his widow, was not living with him at the time of his death and had not been living with him since October, 1945, but...

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