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QUERRY v. PA. GLASS SAND CORP., ET AL.

No. 1193 C.D. 1975.

24 Pa.Commw. 225 (1976)

Evelyn R. Querry, Widow of Milton H. Querry, deceased, Appellant v. Pennsylvania Glass Sand Corporation and Commonwealth of Pennsylvania, Appellees.

Commonwealth Court of Pennsylvania.

April 1, 1976.

Attorney(s) appearing for the Case

Alexander J. Pentecost, for appellant.

James S. Routch, with him Patterson, Evey, Routch, Black & Behrens, for appellee, Corporation.

Mary Ellen Krober, Assistant Attorney General, for appellee, Commonwealth.

Argued February 5, 1976, before Judges KRAMER, ROGERS and BLATT, sitting as a panel of three.

OPINION BY JUDGE KRAMER, April 1, 1976:

This is an appeal by Evelyn R. Querry, widow of Milton H. Querry (decedent), from an order of the Court of Common Pleas of Huntingdon County, dated August 6, 1975, which affirmed a Workmen's Compensation Appeal Board decision denying Querry's claim for benefits under the Pennsylvania Occupational Disease Act.1 We conclude that both the Board and lower court erred as a matter of law, and remand to...

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