Opinion
Argued: April 14, 1971.
June 30, 1971.
Assumpsit. Before SILVESTRI, J. Appeal, No. 275, April T., 1971, from order of Court of Common Pleas, Civil Division, of Allegheny County, July T., 1968, No. 3212. Argued: April 14, 1971.
George F. Taylor, with him Tucker, Arensberg Ferguson, for appellant; John K. Tabor, with him Allan McClain, and Kirkpatrick, Lockhart, Johnson Hutchinson, for appellee.
OPINION PER CURIAM: AND NOW, this 30th day of June, 1971, it appearing that the court en banc of the lower court which heard the argument on the exceptions filed to the trial court's order consisted of two judges who were divided in their opinion, the order of the lower court is vacated and the case is remanded to the lower court for reargument and reconsideration before a court en banc properly constituted.