CATANIA v. COM., STATE EMP. RETIREMENT


498 Pa. 684 (1982)

450 A.2d 1342

Francis J. CATANIA, Charles W. Sweet, Paul R. Beckert, Edward J. Bradley, John N. Sawyer, Edmund V. Ludwig, Joseph F. O'Kicki and Livingstone M. Johnson, as individuals, on behalf of themselves and all others similarly situated v. COMMONWEALTH of Pennsylvania, STATE EMPLOYEES' RETIREMENT BOARD and Robert L. Cusma, in his capacity as Secretary of the State Employees' Retirement System and Robert E. Casey, in his capacity as Treasurer of the Commonwealth of Pennsylvania.

Supreme Court of Pennsylvania.

Decided June 25, 1982.

Reargument and Reconsideration Denied September 24, 1982.


Attorney(s) appearing for the Case

Henry T. Reath, Alexis J. Anderson, Philadelphia, for appellants.

Mary Ellen Krober, Asst. Atty. Gen., for appellees.

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


ORDER

PER CURIAM:

Summary judgment granted in favor of plaintiffs Beckert, Catania, and Sweet. The Court being equally divided, summary judgment in favor of the remaining plaintiffs is denied.*

O'BRIEN, C.J., files an opinion in support of the denial of summary judgment to the remaining plaintiffs, in which ROBERTS and HUTCHINSON, JJ., join.

NIX, J., files an opinion in support of the grant of summary judgment...

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