Opinion
Argued April 21, 1948
Decided May 21, 1948
Appeal from the Supreme Court, Appellate Division, first Department, GREENBERG, J.
Thomas L. McGannon and Thomas J. Blake for appellant.
James L. Morrison, Attorney, Department of Justice, David L. Bazelon, Assistant Attorney General, John F.X. McGohey, United States Attorney, and Max Isenbergh, Special Assistant to the Attorney General, for United States of America, amicus curiae, in support of appellant's position.
Henry I. Fillman and Otto C. Sommerich for respondent.
Order affirmed, with costs. Question certified answered in the negative. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ.