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IN RE CITY OF BETHLEHEM, NORTHAMPTON CTY.

474 Pa. 75 (1977)

376 A.2d 641

In re Taking in Eminent Domain of Certain Parcels of Real Estate located in the Central Business District Urban Renewal Project No. 2, Project Penna. R-404 in the CITY OF BETHLEHEM, NORTHAMPTON COUNTY, Pennsylvania, by the Redevelopment Authority of the City of Bethlehem, Pennsylvania. Alice E. WEIDNER, widow, James M. Smith, a/k/a James Merritt Smith, single, Alice E. Weidner, Executrix of the Estate of Stuart S.S. Smith, and the heirs of the Estate of Stuart S.S. Smith, Frances S. Smith, widow of Stuart S.S. Smith, and Bernice F. Hammel (formerly Bernice S. Smith) and Joseph Hammel, her husband, Appellants, v. REDEVELOPMENT AUTHORITY OF the CITY OF BETHLEHEM.

Supreme Court of Pennsylvania.

Decided August 17, 1977.

Attorney(s) appearing for the Case

James S. Palermo, Hazleton, for appellants.

Michael E. Riskin, Bethlehem, for appellee.

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

OPINION

PER CURIAM:

The court being equally divided, the judgment of sentence is affirmed.

JONES, former C.J., took no part in the consideration or decision of this case.

O'BRIEN, J., files an opinion in support of affirmance which EAGEN, C.J., and POMEROY, J., join.

ROBERTS, J., files an opinion in support of reversal which NIX and MANDERINO, JJ., join.

MANDERINO, J., files an opinion...

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