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MASSEY-FERGUSON, INC. v. WELLS

421 A.2d 1320 (1980)

MASSEY-FERGUSON, INC., a Maryland Corporation, and Thos. Best & Sons, Inc., a Delaware Corporation, Defendants, Appellants, v. James C. WELLS, Jr. and Hilda I. Wells Lankford, Plaintiffs, Appellees.

Supreme Court of Delaware.

Decided June 23, 1980.

Attorney(s) appearing for the Case

Alfred M. Isaacs, Wilmington (argued), and Richard Galperin of Flanzer & Isaacs, Wilmington, for defendant-appellant Massey-Ferguson, Inc.

Ben T. Castle, Wilmington (argued), and Richard A. Zappa of Young, Conaway, Stargatt & Taylor, and Warren B. Burt, Wilmington, for defendant-appellant Thos. Best & Sons, Inc.

James M. Tunnell, Jr., Wilmington (argued), and Walter L. Pepperman, II of Morris, Nichols, Arsht & Tunnell, and Julius Komissaroff, of Komissaroff & Perry, Wilmington, for plaintiffs-appellees.

Before HERRMANN, C. J., DUFFY, QUILLEN and HORSEY, JJ., constituting the Court

PER CURIAM:

The available members of the Court who heard this appeal are equally divided and, following the practice of the Supreme Court of the United States, cf. Parker Seal Company v. Cummins, 429 U.S. 65, 97 S.Ct. 342, 50 L.Ed.2d 223 (1976), and the United States Court of Appeals for the Third Circuit, cf. United States v. Altro, 3 Cir., 612 F.2d 575 (1979), the judgment of the Superior Court is affirmed.

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