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EVERETTE v. CITY OF NEW KENSINGTON

262 Pa.Super. 28 (1978)

396 A.2d 467

Charles S. EVERETTE, Sr., Administrator of the Estate of Charles S. Everette, Jr., Deceased v. CITY OF NEW KENSINGTON, a Municipal Corporation, Appellant.

Superior Court of Pennsylvania.

Decided December 28, 1978.

Attorney(s) appearing for the Case

Chester S. Fossee, Pittsburgh, for appellant.

Daniel M. Berger, Pittsburgh, for appellee.

Before JACOBS, President Judge, and HOFFMAN, CERCONE, PRICE, VAN der VOORT, SPAETH and HESTER, JJ.

PER CURIAM:

The six Judges who decided this appeal being equally divided the judgment is affirmed.

SPAETH, J., files an opinion in support of affirmance in which JACOBS, President Judge, and CERCONE, J., join.

PRICE, J., files an opinion in support of reversal in which VAN der VOORT and HESTER, JJ., join.

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

OPINION IN SUPPORT OF AFFIRMANCE

SPAETH...

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