Opinion
April 13, 1960.
June 15, 1960.
Before RHODES, P.J., WRIGHT, WOODSIDE, ERVIN, WATKINS, and MONTGOMERY, JJ. (GUNTHER, J., absent).
Appeal, No. 80, April T., 1960, from order of Court of Common Pleas of Allegheny County, April T., 1959, No. 3508, in case of Borough of West Mifflin v. Martin S. O'Toole et ux. Order affirmed.
Scire facias sur municipal claim proceeding.
Order entered dismissing plaintiff's motion for judgment, opinion by WEISS, J. Plaintiff appealed.
R.R. McWhinney, with him Arthur Wessel, Jr., for appellant.
John J. McLean, Jr., with him Edward A. Witt, and Spinelli McLean, for appellees.
Argued April 13, 1960.
The six Judges who heard the argument of this appeal being equally divided in opinion, the order of the lower court is affirmed.