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KINGSLEY & KEITH (CANADA) v. MERCER INT.

500 Pa. 371 (1983)

456 A.2d 1333

KINGSLEY AND KEITH (CANADA) LIMITED and Kingsley and Keith Chemical Corporation v. MERCER INTERNATIONAL CORPORATION and Interstate Chemical Corporation and H.M. Trimble & Sons, Limited. Appeal of H.M. TRIMBLE & SONS, LIMITED.

Supreme Court of Pennsylvania.

Decided February 9, 1983.

Reargument Denied March 28, 1983.

Attorney(s) appearing for the Case

P. Raymond Bartholomew, Cusick, Madden, Joyce & McKay, Sharon, for appellant.

Thomas T. Frampton, Voorhies, Keck, Rowley & Wallace, Greenville, for Kingsley and Keith, et al.

M.L. McBride, Jr., McBride & McNickle, Grove City, for Mercer Intern. Corp. and Interstate Chemical Corp.

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

ORDER

PER CURIAM.

The Court being equally divided, the Order of the Superior Court is affirmed.

ROBERTS, C.J., files an opinion in support of affirmance in which LARSEN and FLAHERTY, JJ., join.

NIX, J., files an opinion in support of reversal in which McDERMOTT and HUTCHINSON, JJ., join.

O'BRIEN, former C.J., did not participate in the decision of this case.

OPINION IN SUPPORT OF...

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