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LEIBOWITZ et ux. v. ORTHO PHARM. CORP.

224 Pa.Super. 418 (1973)

Leibowitz et ux., Appellants, v. Ortho Pharmaceutical Corp.

Superior Court of Pennsylvania.

June 14, 1973.

Attorney(s) appearing for the Case

David N. Rosen, with him Rosen, Sherwin & Seltzer, for appellant.

Edward W. Madeira, Jr., with him Murray S. Levin, for appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ. (PACKEL, J., absent.)

OPINION PER CURIAM, June 14, 1973:

The six judges who heard this appeal being equally divided, the judgment is affirmed.

OPINION BY HOFFMAN, J., IN SUPPORT OF AFFIRMANCE:

This appeal involves two lawsuits which were consolidated for trial. One action was in Trespass alleging negligence, the other in Assumpsit alleging breach of express and implied warranties. On September 8, 1970, the late Judge Joseph SLOANE of the Common Pleas Court of Philadelphia...

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