decided: December 3, 1964.
MCCOY BROTHERS, INC.
DEPARTMENT OF HIGHWAYS, APPELLANT
Appeal from judgment of Court of Common Pleas of York County, May T., 1963, No. 24, in case of McCoy Brothers, Inc. v. Commonwealth of Pennsylvania, Department of Highways.
Michael R. Deckman, Counsel, with him William R. Mosolino, Assistant Attorney General, John R. Rezzolla, Jr., Chief Counsel, and Walter E. Alessandroni, Attorney General, for Commonwealth of Pennsylvania, Department of Highways, appellant.
Mark E. Garber, with him P. Nelson Alexander, and Garber & Garber, for appellee.
Bell, C. J., Jones, Cohen, Eagen, O'Brien and Roberts, JJ.
Author: Per Curiam
[ 416 Pa. Page 626]
The Court being equally divided, the judgment is affirmed.
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