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COMMONWEALTH OF PA., HIGHER ED. ASSISTANCE AGENCY v. ABINGTON MEM. HOSP.

478 Pa. 514 (1978)

387 A.2d 440

COMMONWEALTH of Pennsylvania, Pennsylvania HIGHER EDUCATION ASSISTANCE AGENCY, Appellee, and Pennsylvania Association of Colleges and Universities, Intervening-Appellee, v. ABINGTON MEMORIAL HOSPITAL et al., Appellants.

Supreme Court of Pennsylvania.

Decided April 28, 1978.

Rehearing Denied June 6, 1978.

Attorney(s) appearing for the Case

James H. Stewart, Jr., Harrisburg, for appellants.

John D. Killian, Robert W. Barton, Harrisburg, for appellee.

G. Thomas Miller, David B. Disney, Harrisburg, for intervening appellee.

Before EAGEN, O'BRIEN, POMEROY, ROBERTS, NIX, MANDERINO and PACKEL, JJ.

OPINION

PER CURIAM.

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

EAGEN, C.J., filed an opinion in support of affirmance in which O'BRIEN, J., joined.

MANDERINO, J., filed an opinion in support of reversal in which ROBERTS, J., joined.

POMEROY, J., did not participate in the decision of this case.

NIX, J., and PACKEL, former J., did not participate in the consideration or decision of this...

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