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AIRPARK INTERN. I. v. INTERBORO SCL. DIST.

558 Pa. 1 (1999)

735 A.2d 646

AIRPARK INTERNATIONAL I t/a Park-N-Go and Colonial Airport Parking, Inc. and Rama Construction Co., Inc. and 621 North Governor Printz, Inc. t/a Rosenbluth International and 621 North Governor Printz Boulevard and Smart Park, Inc., et al., Appellants, v. INTERBORO SCHOOL DISTRICT, Appellee.

Supreme Court of Pennsylvania.

Decided July 21, 1999.

Reargument Denied October 29, 1999.

Attorney(s) appearing for the Case

Richard H. Martin, Philadelphia, for Airpark Intern., et al.

Thomas L. Kelly, Media, for Interboro School Dist.

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

ORDER

PER CURIAM.

The Court being equally divided, the order of the Commonwealth Court is hereby affirmed.

Justice ZAPPALA files an Opinion in Support of Affirmance in which Justice CAPPY and Justice NEWMAN join.

Justice NIGRO files an Opinion in Support of Reversal in which Chief Justice FLAHERTY and Justice CASTILLE join.

OPINION IN SUPPORT OF AFFIRMANCE

ZAPPALA, Justice.

This is an appeal by allowance...

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