BAEHR BROS. v. COM.


493 Pa. 417 (1981)

426 A.2d 1086

BAEHR BROTHERS and Guy L. Warman, Thomas D. Thompson and Robert W. Murdoch, Trustees, Appellees, v. COMMONWEALTH of Pennsylvania, Appellant.

Supreme Court of Pennsylvania.

Decided March 13, 1981.


Attorney(s) appearing for the Case

Vincent J. Dopko, Deputy Atty. Gen., Dept. of Justice, Harrisburg, for appellant.

John Michael Studeny, Guy L. Warman and Associates, P. C., Pittsburgh, for appellees.

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 is affirmed.

KAUFFMAN, J., filed an Opinion in Support of Affirmance in which LARSEN and FLAHERTY, JJ., joined.

ROBERTS, J., filed an Opinion in Support of Reversal in which O'BRIEN, C.J., and NIX, J., joined.

OPINION IN SUPPORT OF AFFIRMANCE

KAUFFMAN, Justice.

The sole question presented by this appeal is whether costs may be...

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