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MIERNICKI v. SELTZER

505 Pa. 323 (1984)

479 A.2d 483

Anthony J. MIERNICKI, Esq., and Wilbur H. Rubright, Esq., v. Frank SELTZER and Atkin Seltzer t/d/b/a Seltzer Coal Company and American Bank & Trust Co. of Pa. and Benjamin Stone, Vice-President of American Bank & Trust Co. of Pa., Appellees. Appeal of Anthony J. MIERNICKI, Esq.

Supreme Court of Pennsylvania.

Decided August 8, 1984.

Attorney(s) appearing for the Case

Jack E. Feinberg, David Kanner, Philadelphia, Nicholas Panko, co-counsel, for appellant.

Kent D. Watkins, St. Clair, for Rubright.

Joseph P. Semasek, McAdoo, for Frank Seltzer.

John T. Pfeiffer, III, Pottsville, John H. Thomas, Frackville, for Atkin Seltzer.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA and PAPADAKOS, JJ.

ORDER

PER CURIAM.

The Order of the Superior Court is affirmed.

HUTCHINSON, J., did not participate in the consideration or decision of this matter.

LARSEN, J., files a dissenting opinion in which PAPADAKOS, J., joins.

PAPADAKOS, J., joins in the opinion of LARSEN, J., and files a separate dissenting opinion.

LARSEN, Justice, dissenting.

I dissent to the affirmance of the Superior...

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