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GELMAN v. WESTINGHOUSE ELECTRIC CORPORATION

Nos. 78-1445 to 78-1447.

612 F.2d 799 (1980)

George GELMAN v. WESTINGHOUSE ELECTRIC CORPORATION. George SHULOF, suing on behalf of himself and all other persons similarly situated, Appellant in No. 78-1447, v. WESTINGHOUSE ELECTRIC CORPORATION. Paul E. SLATER, on behalf of himself and all other persons similarly situated, Appellant in No. 78-1446, v. WESTINGHOUSE ELECTRIC CORPORATION. Appeal of George GELMAN and Fannie Mann in No. 78-1445.

United States Court of Appeals, Third Circuit.

Reargued November 8, 1979.

Decided January 28, 1980.

Attorney(s) appearing for the Case

Harold R. Schmidt, Rose, Schmidt, Dixon, Hasley, Whyte, Hardesty, Pittsburgh, Pa. and Howard A. Specter, Litman, Litman, Harris & Specter, P. A., Pittsburgh, Pa., for appellants.

Peter J. Nickles, Covington & Burling, Washington, D. C., for appellee.

Before SEITZ, Chief Judge, and ALDISERT, ADAMS, GIBBONS, HUNTER, GARTH, HIGGINBOTHAM and SLOVITER, Circuit Judges.

Reargued en banc November 8, 1979.

OPINION OF THE COURT

PER CURIAM.

The Court is evenly divided on this appeal.

The judgment of the district court will be affirmed.

Each party shall bear...

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