Opinion
December 12, 1972.
April 4, 1973.
Appeals — Arbitration — Payment of accrued costs.
Before WRIGHT, P.J., JACOBS, HOFFMAN, SPAULDING, CERCONE, and PACKEL, JJ. (WATKINS, J., absent.)
Appeal, No. 1702, Oct. T., 1972, from order of Court of Common Pleas, Trial Division, of Philadelphia, Nov. T., 1967, No. 507, in case of Ralph W. Musgreave and John P. McDonnell v. L.B. Smith, Inc. of Philadelphia and Ralph W. Musgreave. Order affirmed; reargument refused April 18, 1973.
Proceedings upon appeal from award of arbitrators.
Order entered granting motion by plaintiffs to quash appeal, opinion by HIRSH, J. Defendant appealed.
Charles Jay Bogdanoff, with him Albert C. Gekoski, Joel M. Lieberman, and Gekoski Bogdanoff, for appellant.
Bernard M. Gross, with him Gross Sklar, for appellees.
SPAULDING, J., filed a dissenting opinion, in which WRIGHT, P.J. and CERCONE, J., joined.
Argued December 12, 1972.
The six judges who heard this appeal being equally divided, the order is affirmed.
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.