Municipalities — Philadelphia — Policemen — Occupational diseases — Compensation — Philadelphia Civil Service Regulation 32 — First Class City Home Rule Act — Act of June, 28, 1935, P. L. 477.
The Act of June 28, 1935, P. L. 477 (which provides for compensation of policemen and firemen throughout the State of Pennsylvania for diseases of the heart and lungs in certain circumstances) is inapplicable to Philadelphia employes in view of Philadelphia Civil Service Regulation No. 32 (which provides a comprehensive program for disability compensation for policemen and firemen); Regulation 32 supersedes the Act of 1935 under § 11 of the First Class City Home Rule Act of April 21, 1949, P. L. 665.
Mr. Justice MUSMANNO dissented.
OPINION PER CURIAM, January 7, 1957:
The order of the court below sustaining defendant's preliminary objection is affirmed on the opinion of Judge LEVINTHAL, 7 Pa. D. C.2d 179.
Mr. Justice MUSMANNO dissents.