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COM., DEPT. OF TRANSP. v. WARENCZUK

534 Pa. 623 (1993)

633 A.2d 1167

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF TRAFFIC SAFETY, Appellee, v. Zdzislaw WARENCZUK, Appellant.

Supreme Court of Pennsylvania.

Decided November 18, 1993.

Reargument Denied December 27, 1993.

Attorney(s) appearing for the Case

Wieslaw T. Niemoczynski, Stroudsburg, for Z. Warenczuk.

John L. Heaton, Harrisburg, Harold H. Cramer, Philadelphia, Timothy P. Wile, Harrisburg, for PennDot.

Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY and MONTEMURO, JJ.

ORDER

PER CURIAM.

AND NOW, this 18th day of NOVEMBER, 1993, the court being equally divided, the order of the Commonwealth Court is hereby affirmed.

MONTEMURO, J., files an Opinion in Support of Affirmance, joined by NIX, C.J., and PAPADAKOS, J.

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

FLAHERTY, J., files an Opinion in Support of Reversal, joined by ZAPPALA and CAPPY, JJ.

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