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MINEO v. TANCINI

517 Pa. 335 (1988)

536 A.2d 1323

Hope S. MINEO v. Charles TANCINI, J.E. Smith, Inc., Paul Kevon Mermon and Commonwealth of Pennsylvania, Department of Transportation. Appeal of COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION.

Supreme Court of Pennsylvania.

Decided February 2, 1988.

Reargument Denied March 23, 1988.

Attorney(s) appearing for the Case

LeRoy S. Zimmerman, Atty. Gen., Gregory R. Neuhauser, Harrisburg, for appellant.

David S. Shrager, Shrager, McDaid and Loftus, P.C., Joanna Hamill Flum, Philadelphia, for Hope S. Mineo.

Gilbert P. High, Jr., High, Swartz, Roberts and Seidel, D. Barry Pritchard, Jr., Norristown, for J.E. Smith, Inc.

William H. Kinkead, III, Wright, Manning and Sagendorph, Norristown, for Paul Kevon Mermon.

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

ORDER

PER CURIAM:

The Court being equally divided, the Order of the Superior Court 349 Pa.Super. 115, 502 A.2d 1300 (1986) is affirmed.

HUTCHINSON, former Justice, did not participate in the consideration or decision of this case.

LARSEN, J., files an opinion in support of affirmance in which FLAHERTY and PAPADAKOS, JJ., join.

NIX, C.J., files an opinion in...

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