Everette v. City of New Kensington

The six Judges who decided this appeal being equally divided the judgment is affirmed.

SPAETH, J., files an opinion in support of affirmance in which JACOBS, President Judge, and CERCONE, J., join. PRICE, J., files an opinion in support of reversal in which VAN der VOORT and HESTER, JJ., join. HOFFMAN, J., did not participate in the consideration or decision of this case.

OPINION IN SUPPORT OF AFFIRMANCE

SPAETH, Judge:

The opinion in support of reversal is unwarranted both in law and on the facts.

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In defining the legal issue presented by this case the opinion in support of reversal supposes…