MUSGREAVE v. L.B. SMITH, INC

Superior Court of Pennsylvania.

Apr 4, 1973

Judgment

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Appeals — Arbitration — Payment of accrued costs.

SPAULDING, J., filed a dissenting opinion, in which WRIGHT, P.J. and CERCONE, J., joined.

Argued December 12, 1972.

OPINION PER CURIAM, April 4, 1973:

The six judges who heard this appeal being equally divided, the order is affirmed.

DISSENTING OPINION BY SPAULDING, J.:

I respectfully dissent.

I would reverse the order of the court below and reinstate appellant's appeal from the award of the arbitrators on the authority of Meta v. Yellow Cab Co. of Phila., 222 Pa. Super. 469, 294 A.2d 898 (1972), allocatur denied January 19, 1973.

WRIGHT, P.J., and CERCONE, J., join in this dissenting opinion.