
    City of Cincinnati et al. v. Hanke Bros. Co. et al.
    (No. 23570
    Decided June 8, 1932.)
    
      Mr. John D. Ellis, city solicitor, Mr. Ed. F. Alexander and Mr.. Jacob Hauptman, for plaintiffs in error.
    
      Mr. William Jerome Kuerts and Mr. E. 8. Morrissey, for defendants in error.
   It appearing that the Judges of the Court are equally divided in opinion as to the merits of this case (one Judge not participating) and are unable for that reason to agree upon a judgment, and the entry of this fact constituting an affirmance of the judgment of the Court of Appeals, it is ordered that said judgment be affirmed.

Judgment affirmed.

Jones, Matthias and Day, JJ., concur.

Kinkade, J., not participating.  