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MILLER v. COM., STATE EMP. RETIREMENT BD.

498 Pa. 103 (1981)

445 A.2d 88

Edward MILLER, v. COMMONWEALTH of Pennsylvania, STATE EMPLOYEES' RETIREMENT BOARD, Appellant. Herbert FINEMAN, v. COMMONWEALTH of Pennsylvania, STATE EMPLOYEES' RETIREMENT BOARD, Appellant.

Supreme Court of Pennsylvania.

Decided March 13, 1981.

Reargument Denied May 28, 1982.

Attorney(s) appearing for the Case

Susan J. Forney, Allen C. Warshaw, Deputy Attys. Gen., Harrisburg, for appellant.

Ronald M. Katzman, Harrisburg, for Edward R. Miller.

Howard Gittis, Philadelphia, for Herbert Fineman.

OPINION OF THE COURT

PER CURIAM:

The Court being equally divided, the Order of the Commonwealth Court is affirmed, 411 A.2d 1300.

O'BRIEN, C.J., files an Opinion in Support of Affirmance in which FLAHERTY, J., joins.

NIX, J., files an Opinion in Support of Affirmance.

ROBERTS, J., files an Opinion in Support of Reversal in which LARSEN and KAUFFMAN, JJ., join.

WILKINSON, J., did not participate in the consideration or decision...

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