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WITT v. COM., DEPT. OF BANKING

493 Pa. 77 (1981)

425 A.2d 374

Helen M. WITT, Receiver of Pioneer Finance Company, Bellevue Finance Co., Bellevue Consumer Discount Company, Pioneer Acceptance Company & Bellevue Acceptance Company, Appellants, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF BANKING, Carl K. Dellmuth, G. Allen Patterson, John B. Toppin, Robert J. Sarsfield, James Robb, Raymond Bowersox, F.A. George, and Charles Cook.

Supreme Court of Pennsylvania.

Decided February 4, 1981.

Attorney(s) appearing for the Case

Paul H. Titus, Titus & Marcus, Pittsburgh, for appellant.

John L. Sweezy, Asst. Atty. Gen., Herbert L. Olivieri, Robert P. Reed, Metzger, Wickersham, Knauss & Erb, Harrisburg, for appellee.

Before O'BRIEN, C.J., and ROBERTS, NIX, LARSEN, FLAHERTY and KAUFFMAN, JJ.

ORDER

PER CURIAM:

The Court being equally divided, the order of the Commonwealth Court, 48 Pa.Cmwlth. 264, 409 A.2d 932 is affirmed.

ROBERTS, J., files an Opinion in Support of Affirmance in which O'BRIEN, C.J., and LARSEN, J., join.

NIX, J., files an Opinion in Support of Remand in which FLAHERTY and KAUFFMAN, JJ., join.

OPINION IN SUPPORT OF AFFIRMANCE

ROBERTS, Justice.

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