May 28, 1959
DUBIN (ET AL., APPELLANTS).
Appeal, No. 168, Jan. T., 1959, from decree of Court of Common Pleas No. 6 of Philadelphia County, June T., 1957, No. 4466, in case of Abraham M. Ellis et al. trading as A. M. Ellis Theatres Co. v. Charles P. Dubin et al. Decree affirmed; reargument refused June 19, 1959. Proceedings on petition for declaratory judgment. Before FLOOD, J. Adjudication filed finding for plaintiffs, defendants' exceptions to adjudication dismissed in part and final decree entered. Defendants appealed.
Charles L. Guerin, Jr., for appellants.
Abraham L. Shapiro, with him Reuben E. Cohen, and Cohen, Shapiro and Cohen, for appellees.
Before Jones, C.j., Bell, Musmanno, Jones, Cohen and Mcbride, JJ.
[ 396 Pa. Page 82]
OPINION PER CURIAM
The members of the Court, who sat for the argument of this appeal, being evenly divided in opinion, the decree is affirmed; each party to pay its or their own costs.
Mr. Justice BOK took no part in the consideration or decision of this case.
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