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McCLELLAN v. HMO PA

546 Pa. 463 (1996)

686 A.2d 801

Ronald McCLELLAN and Harold Shotel, Co-Executors of the Estate of Marilyn M. McClellan, Deceased, Appellees v. HEALTH MAINTENANCE ORGANIZATION OF PA a/k/a HMO PA Foundation and United States Healthcare OF PA, Inc., d/b/a HMO PA, Appellants.

Supreme Court of Pennsylvania.

Decided December 12, 1996.

Attorney(s) appearing for the Case

Kenwyn M. Dougherty, J. Michael Doyle, Philadelphia, for HMO PA.

Joseph L. Messa, Jr., Thomas W. Sheridan, Brian D. Rosenthal, Philadelphia, for McClellan.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.

ORDER

PER CURIAM.

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

NIX, Former C.J., did not participate in the consideration or decision of this case.

FLAHERTY, C.J., concurs in the result.

NEWMAN, J., files an opinion in support of affirmance.

ZAPPALA, J., files an opinion in support of reversal in which CASTILLE, J., joins.

NIGRO...

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