Opinion
October 15, 1943.
Present — Close, P.J., Carswell, Johnston, Taylor and Lewis, JJ.
Present — Close, P.J., Hagarty, Carswell, Johnston and Adel, JJ.
The motion is referred to the court that rendered the decision on the prior motion.
The motion is granted upon consent and the decision of this court handed down on June 28, 1943 [ ante, p. 874], is amended to read as follows: The application will be treated as a motion for reargument or, in the alternative, for leave to appeal to the Court of Appeals. Motion for reargument denied, without costs. Motion for leave to appeal to the Court of Appeals granted. [See ante, p. 853.] The order is resettled accordingly.