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COTTER v. McARDLE

423 Pa. 632 (1966)

Cotter, Appellant, v. McArdle.

Supreme Court of Pennsylvania.

November 15, 1966.

Attorney(s) appearing for the Case

Thomas P. Shearer, with him Paul S. Foreman, for appellant.

Frederick N. Egler, with him Egler, McGregor & Reinstadtler, for appellee.

Before MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION PER CURIAM, November 15, 1966:

The Court being evenly divided, the order of the court below is affirmed.

Mr. Justice COHEN dissents.

DISSENTING OPINION BY MR. JUSTICE ROBERTS:

The model apartment built by appellant is, in my view, a permanent structure within the meaning of the Mechanics' Lien Law. Thus, I believe the court below erred in striking the lien and would remand the case for determination of unresolved factual issues.

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