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IN RE ENGLE

492 Pa. 14 (1980)

421 A.2d 1067

In re Anna Elizabeth ENGLE, also known as Anna Elizabeth Engel, an alleged incompetent. Appeal of COUNTY OF ALLEGHENY.

Supreme Court of Pennsylvania.

Decided November 3, 1980.

Reargument Denied December 18, 1980.

Attorney(s) appearing for the Case

James H. McLean, County Sol., James A. Esler, Asst. County Sol., Pittsburgh, for appellant.

Frank E. Coho, Pittsburgh, for Thomas J. Purcell.

Before O'BRIEN, C.J., and ROBERTS, NIX, LARSEN, FLAHERTY and KAUFFMAN, JJ.

OPINION OF THE COURT

PER CURIAM:

The Court being equally divided, the decree is affirmed. Each party pay own costs.

ROBERTS, J., files an opinion in support of reversal in which NIX and KAUFFMAN, JJ., join.

OPINION IN SUPPORT OF REVERSAL

ROBERTS, Justice.

I would reverse the decree which requires the County of Allegheny rather than the estate of Anna Engel to pay counsel fees incurred not only in the defense of Engel against...

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