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HORBAL v. MOXHAM NAT. BANK

548 Pa. 394 (1997)

697 A.2d 577

Anthony HORBAL and John Horbal, individuals for the use and benefit of Highland Financial Ltd., a corporation, and James R. Walsh, an individual, v. MOXHAM NATIONAL BANK, a corporation. Appeal of HIGHLAND FINANCIAL LTD. & James Walsh.

Supreme Court of Pennsylvania.

Decided July 10, 1997.

Attorney(s) appearing for the Case

James R. Walsh, Johnstown, for Highland Financial, Ltd. & James Walsh.

Jeffrey T. Morris, Pittsburgh, for Moxham National Bank.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.

ORDER

PER CURIAM.

The Court being evenly divided, the order of the Superior Court is affirmed.

CASTILLE, J., files an Opinion in Support of Affirmance in which FLAHERTY, C.J., and ZAPPALA, J., join.

NEWMAN, J., files an Opinion in Support of Reversal in which CAPPY and NIGRO, JJ., join.

OPINION IN SUPPORT OF AFFIRMANCE

CASTILLE, Justice.

The issue on appeal is whether a bank/judgment creditor who purchases...

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