Massey-Ferguson, Inc. v. Wells

The available members of the Court who heard this appeal are equally divided and, following the practice of the Supreme Court of the United States, cf. Parker Seal Company v. Cummins, 429 U.S. 65, 97 S.Ct. 342, 50 L.Ed.2d 223 (1976), and the United States Court of Appeals for the Third Circuit, cf. United States v. Altro, 3 Cir., 612 F.2d 575 (1979), the judgment of the Superi- or Court is affirmed.

DUFFY and HORSEY, Justices.

After two long and complex trials of this case in the Superior Court, in and for Sussex County, it is distressing to conclude that a third trial should be ordered but, in…