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ITTEL et al. v. TUCKER

451 Pa. 579 (1973)

Ittel et al., Appellants, v. Tucker.

Supreme Court of Pennsylvania.

April 3, 1973.

Attorney(s) appearing for the Case

Rochelle S. Friedman, with her Frank W. Ittel, Jr., for appellants.

Israel Packel, Attorney General, with him Lawrence J. Beaser, Deputy Attorney General, for C. Delores Tucker, Secretary of Commonwealth et al., appellees.

Anthony V. DeCello, Assistant County Solicitor, with him William R. Caroselli, Assistant County Solicitor, and Francis A. Barry, County Solicitor, for members of Board of County Commissioners, appellees.

Before JONES, C.J., EAGEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION PER CURIAM, April 3, 1973:

The Court being equally divided, the order of the Commonwealth Court is affirmed.

Mr. Chief Justice JONES, Mr. Justice EAGEN and Mr. Justice MANDERINO would affirm the order of the Commonwealth Court.

Mr. Justice ROBERTS, Mr. Justice POMEROY and Mr. Justice NIX would reverse the order of the Commonwealth Court.

Mr. Justice O'BRIEN took no part in the consideration...

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