Dissenting Opinion by
Me. Justice Roberts:I dissent because the entry of summary judgment is not an appropriate disposition of this controversy. A review of the record reveals “genuine issues” as to “material facts” which require adjudication thereby precluding the entry of judgment as a matter of law. See Linwood Harvestore, Inc. v. Cannon, 427 Pa. 434, 235 A. 2d 377 (1967). I would vacate the entry of judgment and let the case proceed on the merits.
Mr. Justice O’Brien joins in this dissent.