COM., DEPT. OF TRANSP. v. McCANN

PER CURIAM:

The Court being equally divided, the Order of the Commonwealth Court, 135 Pa. Commw. 669, 582 A.2d 438, remains in effect.

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

FLAHERTY, McDERMOTT and PAPDAKOS, JJ., would dismiss the appeal as having been improvidently granted.

LARSEN, ZAPPALA and CAPPY, JJ., dissent.