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COM. v. KATZE

540 Pa. 416 (1995)

658 A.2d 345

COMMONWEALTH of Pennsylvania, Appellee v. Clark KATZE, Appellant.

Supreme Court of Pennsylvania.

Decided May 22, 1995.

Reargument Denied June 21, 1995.

Attorney(s) appearing for the Case

Neil Carver, Philadelphia, for C. Katze.

Catherine Marshall, Ronald Eisenberg, Hugh J. Burns, Jr., Philadelphia, for Com.

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

ORDER

PER CURIAM.

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

PAPADAKOS, J., did not participate in the decision of this case.

NIX, C.J., files an Opinion in Support of Affirmance in which CASTILLE and MONTEMURO, JJ., who is sitting by designation, join.

ZAPPALA, J., files an Opinion is Support of Reversal in which FLAHERTY and CAPPY, JJ., join.

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