Wissinoming Bottling Co. v. Sch. Dist. of Phila

Full title: WISSINOMING BOTTLING COMPANY v. SCHOOL DISTRICT OF PHILADELPHIA and City…

Court: Supreme Court of Pennsylvania

Date published: Feb 13, 1996

672 A.2d 279 (Pa. 1996)

672 A.2d 279

Opinion

Argued January 22, 1996.

Decided February 13, 1996.

Appeals Nos. 49 and 50 E.D. Appeal Dkt. 1995 from Order of Commonwealth Court, 654 A.2d 208 (Pa.Cmwlth. 1995), entered January 25, 1995, at Nos. 1343 and 1344 C.D. 1994, Affirming Order of Court of Common Pleas of Philadelphia, Trial Division, Civil Section, entered May 2, 1994, at No. 323 November Term, 1990 and No. 5933 July Term, 1991.

Joseph A. Dworetzky, Philadelphia and Richard Feder, for School District of Phila.

Stewart M. Weintraub and Ellen M. Gussman, Philadelphia, for Clement, et al.

BEFORE: NIX, C.J., and FLAHERTY, ZAPPALA, CAPPY, CASTILLE and NIGRO, JJ.

ORDER

PER CURIAM:

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

NEWMAN, J., did not participate in the consideration or decision of this case.

FLAHERTY, CASTILLE and NIGRO, JJ., dissent and would reverse the Order of the Commonwealth Court.