Gmerek & Artz v. State Ethics Commission, et al. (Per Curiam Order)

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[J-56-2001] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT RICHARD J. GMEREK AND CHARLES I. : : ARTZ, : : v. : : STATE ETHICS COMMISSION AND : HONORABLE MIKE FISHER, : ATTORNEY GENERAL AND MARK R. : CORRIGAN, SECRETARY OF THE : SENATE OF PENNSYLVANIA, : INTERVENOR, : : APPEAL OF: HONORABLE MIKE : FISHER, ATTORNEY GENERAL @ 55 : MAP 2000 : APPEAL OF: STATE ETHICS : COMMISSION @ 56 MAP 2000 APPEAL OF: MARK R. CORRIGAN, SECRETARY OF THE SENATE OF PENNSYLVANIA, INTERVENOR @ 57 MAP 2000 NOS. 55, 56 & 57 MAP 2000 Appeal from the Order of the Commonwealth Court entered May 18, 2000 at No. 323 MD 1999, denying the motion for summary judgment 751 A.2d 1241 (Pa. Cmwlth. 2000) ARGUED: April 30, 2001 ORDER PER CURIAM DECIDED: August 23, 2002 AND NOW, this 23rd day of August 2002, the Court being evenly divided, the order of the Commonwealth Court is affirmed. Former Chief Justice Flaherty did not participate in the decision of this matter. Mr. Chief Justice Zappala files an Opinion in Support of Affirmance in which Mr. Justice Cappy joins. Mr. Justice Castille files an Opinion in Support of Affirmance. Mr. Justice Saylor files an Opinion in Support of Reversal in which Mr. Justice Nigro and Madame Justice Newman join.

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