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ESTATE OF BERRETTA

493 Pa. 441 (1981)

426 A.2d 1098

In re ESTATE of Adolph P. BERRETTA, Deceased. UNITED STATES of America, Appellant, v. The WYOMING NATIONAL BANK OF WILKES-BARRE, Appellee.

Supreme Court of Pennsylvania.

Decided March 13, 1981.

Attorney(s) appearing for the Case

S. John Cottone, U.S. Atty., Joseph F. Cimini, Asst. U.S. Atty., Lackawanna Co., for appellant at No. 11 and appellee at No. 22.

Stephen E. Sokolic, M. Carr Ferguson, Gilbert E. Andrews, Francis J. Gould, Thomas M. Lawler, Washington, D.C., Charles A. Shea, III, Wilkes-Barre, for appellee at No. 11 and appellant at No. 22.

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

ORDER

PER CURIAM:

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

Mr. Justice Flaherty filed an Opinion in Support of Affirmance in which Mr. Justice Larsen and Mr. Justice Kauffman join.

Mr. Justice Roberts filed an Opinion in Support of Reversal in which Mr. Chief Justice O'Brien and Mr. Justice Nix join.

OPINION IN SUPPORT OF AFFIRMANCE

FLAHERTY, Justice.

...

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