McKENZIE v. COST BROS., INC.


487 Pa. 303 (1979)

409 A.2d 362

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

Supreme Court of Pennsylvania.

Decided December 21, 1979.


Attorney(s) appearing for the Case

Allan H. Cohen, Gatz, Cohen, Segal & Kerner, Pittsburgh, for appellant.

Frederick N. Egler, Avrum Levicoff, Egler & Reinstadtler, Pittsburgh, for Cost Brothers, Inc.

Jerome W. Kiger, Grogan, Graffam, McGinley & Solomon, Pittsburgh, for Dickerson Structural Concrete Corp.

Daniel F. Cusick, Stein & Winters, Pittsburgh, for Nadco Construction, Inc.

W. Arch Irvin, Jr., Wayman, Irvin & McAuley, Pittsburgh, for Tasso Katselas.

Raymond G. Hasley, Rose, Schmidt, Dixon, Hasley & Whyte, Pittsburgh, for R.M. Gensert Associates.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, NIX, MANDERINO, LARSEN and FLAHERTY, JJ.


OPINION

NIX, Justice.

A compulsory non-suit was entered in this trespass action by the trial court. A subsequent motion to take off the non-suit was also denied. The Superior Court affirmed by an equally divided court in an Opinion in Support of Affirmance by President Judge Cercone in which Judges Price and Van der Voort joined. 260 Pa.Super. 295, 394 A.2d 559 (1978). This appeal...

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