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AIKEN INDUS., INC. v. ESTATE OF WILSON

477 Pa. 34 (1978)

383 A.2d 808

AIKEN INDUSTRIES, INC., Appellee, v. The ESTATE of Thomas A. WILSON, Eugene R. Speer and the Union National Bank of Pittsburgh, Executors, Appellants.

Supreme Court of Pennsylvania.

Decided January 31, 1978.

Reargument Denied April 11, 1978.

Attorney(s) appearing for the Case

Ralph H. German, Houston, Cooper, Speer & German, Pittsburgh, for appellants.

Walter T. McGough, Roger C. Wiegand, Reed, Smith, Shaw & McClay, Pittsburgh, for appellee.

Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION

PER CURIAM.

The Court being equally divided with respect to the question of appellant's liability, the decree below is affirmed.

Each party to bear own costs.

JONES, former C.J., did not participate in the consideration or decision of this case.

Mr. Justice Pomeroy filed an opinion, joined by Mr. Chief Justice Eagen and Mr. Justice O'Brien, which would affirm the decree below insofar as it finds a breach of the covenant not...

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