BAUMGART v. KEENE BLDG. PRODUCTS CORP.


542 Pa. 194 (1995)

666 A.2d 238

Mildred R. BAUMGART, Executrix of the Estate of Anthony J. Baumgart, deceased, Appellant, v. KEENE BUILDING PRODUCTS CORPORATION, Successor-in-Interest to Baldwin-Ehret-Hill, Inc., a corporation; The Celotex Corporation, Successor-in-Interest to Philip Carey Corporation, Philip Carey Manufacturing Company, Briggs Manufacturing Company and Panacon Corporation, a corporation; H.K. Porter, Inc., a corporation; Owens-Corning Fiberglas Corporation, a corporation; Owens-Illinois, Inc., a corporation; Armstrong World Industries, Inc., a corporation; GAF Corporation, a corporation; Combustion Engineering, Inc., a corporation; George V. Hamilton, Inc., a corporation; Pittsburgh Corning Corporation, a corporation; Flexitallic Gasket Company, a corporation; Eagle-Picher Industries, Inc., a corporation; Pittsburgh Gage & Supply Company, a corporation; Garlock, Inc., a corporation; Anchor Packing Company, a corporation; Raymark Industries, Inc., a corporation; John Crane-Houdaille, Inc., a corporation; Allied Corporation, Successor-in-Interest to Bendix Corporation, a corporation; and Wagner Division McGraw-Edison Company, a corporation, Appellees.

Supreme Court of Pennsylvania.

Decided September 21, 1995.


Attorney(s) appearing for the Case

Edwin H. Beachler, Caroselli, Spagnolli & Beachler, Pittsburgh, for Appellant.

Patrick R. Riley, Riley & DeFalice, Pittsburgh, for Owens-Corning Fiberglas Corporation.

John Vitsas, Reed, Smith, Shaw & McClay, Pittsburgh, for Pittsburgh Corning Corporation.

Alan H. Perer, Anna Marie Sosso, Swensen, Perer & Johnson, Pittsburgh, for Armstrong World Industries, Inc.

Jerry H. Seidler, Cohen & Grigsby, P.C., Pittsburgh, for Wagner Division of McGraw-Edison Company.

Matthew R. Wimer, Michael W. Smith, Wimer Law Offices, Pittsburgh, for Allied Signal, Inc.

William R. Haushalter, Rosenberg Kirshner, P.A., Todd P. Progar, Pittsburgh, for Anchor Packing Company.

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


ORDER

PER CURIAM.

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

ZAPPALA, J., files an Opinion in Support of Affirmance in which FLAHERTY and CASTILLE, JJ., join.

MONTEMURO*, J., files an Opinion in Support of Reversal in which NIX, C.J., and CAPPY, J., join.

OPINION IN SUPPORT OF AFFIRMANCE

ZAPPALA, Justice...

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