Opinion
Argued: January 26, 1993.
Decided: March 4, 1994.
Appeal No. 38 E.D. Appeal Dkt. 1992 from the Order of the Superior Court entered May 1, 1991, at No. 0241 Philadelphia 1990, 405 Pa. Super. 274, 592 A.2d 331 (1991), affirming the Court of Common Pleas of Philadelphia County, Civil Division, entered January 4, 1990, at No. 3418, May Term, 1983; Richard B. Klein, Judge.
George J. O'Neill, Philadelphia, for L. B. Morris.
Gary Feldbaum, Philadelphia, for Pathmark Corp.
Before NIX, C.J., and LARSEN, FLAHERTY, ZAPPALA, PAPADAKOS and CAPPY, JJ.
ORDER
Appeal dismissed as having been improvidently granted.
LARSEN, J., did not participate in the decision of this case.
MONTEMURO, Senior Justice, did not participate in the consideration or decision of this case.
ZAPPALA and PAPADAKOS, JJ., dissent and would reach the merits of the case.