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PHILLIPS v. COM., W.C.A.B.

519 Pa. 31 (1988)

545 A.2d 869

Robert PHILLIPS, Appellant, v. COMMONWEALTH of Pennsylvania WORKMEN'S COMPENSATION APPEAL BOARD, and Edgar Construction Company, and Esten Lumber Products, Appellees.

Supreme Court of Pennsylvania.

Decided August 10, 1988.

Reargument Denied December 28, 1988.

Attorney(s) appearing for the Case

Mark B. Weber, Michael D. Kracht, Perkasie, for appellant.

Donald Ewieand, Jr., Thomas A. Wallitsch, Allentown, for Edgar Const. Co.

Curtis C. Creveling, Jr., Allentown, for Esten Lumber Products.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

ORDER

PER CURIAM.

This being an equally divided Court the Order of the Commonwealth Court is affirmed.

HUTCHINSON, Former J., did not participate in the decision of this case.

McDERMOTT, J., files an Opinion in Support of Affirmance in which FLAHERTY and ZAPPALA, JJ., join.

NIX, C.J., files an Opinion in Support of Reversal in which PAPADAKOS, J., joins.

PAPADAKOS, J., files an Opinion in Support of Reversal in which LARSEN...

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