Opinion
Argued February 4, 1976
March 1, 1976.
Argued, February 4, 1976, before Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. President Judge BOWMAN did not participate.
Original jurisdiction, No. 1003 C.D. 1975, in case of State Elevator Company, Inc. v. Frank Beal, Secretary, Pennsylvania Department of Public Welfare, and Grace M. Sloan, Treasurer, Commonwealth of Pennsylvania. Complaint in equity in the Commonwealth Court of Pennsylvania to enjoin awarding of contract. Answer and new matter filed. Defendants filed motion for judgment on the pleadings. Held: Motion denied.
C. Grainger Bowman, with him J. Thomas Menaker, and McNees, Wallace Nurick, for plaintiff.
Howard M. Snyder, Deputy Attorney General, with him J. Justin Blewitt, Deputy Attorney General, Lawrence Silver, Deputy Attorney General, and Robert P. Kane, Attorney General, for defendants.
AND NOW, this 1st day of March, 1976, after argument before the Court en banc on defendants' motion for judgment on the pleadings, the Court being evenly divided, the motion is thereby rendered non-justiciable and is therefore denied.