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LESLIE W. MERKER, JR., EXECUTOR OF THE ESTATE OF OLIVE A. MERKER, DECEASED,PLAINTIFF-RESPONDENT, v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES,DEPARTMENT OF HUMAN SERVICES, DEFENDANT-APPELLANT.

PER CURIAM.

The members of the Court being equally divided, it is ordered that the judgment of the Appellate Division is affirmed.

For affirmance — Chief Justice WILENTZ, and Justices POLLOCK and GARIBALDI — 3.

For reversal — Justices CLIFFORD, SCHREIBER and HANDLER — 3.

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MERKER v. DIV. OF MEDICAL ASSISTANCE
(Dec 7, 1984)