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COOPER v. COOPER (06/14/73)

SUPERIOR COURT OF PENNSYLVANIA


decided: June 14, 1973.

COOPER
v.
COOPER, APPELLANT

Appeal from order of Court of Common Pleas of Montgomery County, No. 71-00359, in case of Bernice Seltzer Cooper v. Bernard Cooper.

COUNSEL

Jack A. Rounick, with him Emanuel A. Bertin, and Moss, Rounick & Hurowitz, for appellant.

Martin J. Cunningham, Jr., with him Henderson, Wetherill, O'Hey & Horsey, for appellee.

Wright, P. J., Watkins, Jacobs, Spaulding, Cercone, and Spaeth, JJ. (Hoffman, J., absent.) Dissenting Opinion by Spaulding, J. Cercone and Spaeth, JJ., join in this dissenting opinion.

Author: Per Curiam

[ 224 Pa. Super. Page 345]

The six Judges who heard this appeal being equally divided, the order of the court below is affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Spaulding, J.:

I respectfully dissent.


*fn1 Appellant also argues that the court below abused its discretion in the amounts assessed for fees and expenses. Since, I believe the statute under which they were awarded to be unconstitutional, I do not reach this question.


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