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McKENZIE v. COST BROS., INC.

260 Pa.Super. 295 (1978)

394 A.2d 559

Leo McKENZIE, Appellant, v. COST BROTHERS, INC., v. DICKERSON STRUCTURAL CONCRETE CORPORATION, Nadco Construction, Inc., Tassos Katselas and R.M. Gensert Associates.

Superior Court of Pennsylvania.

Decided November 1, 1978.

Attorney(s) appearing for the Case

Allan H. Cohen, Pittsburgh, for appellant.

P.R. Riley, B.W. Ashbaugh, Paul D. Kruper, and W. Arch Irvin, Jr., Pittsburgh, with them Wayman, Irvin & McAuley, Pittsburgh, for appellees.

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 order of the Court below is affirmed.

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

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

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

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