Opinion
January 9, 1942.
J.D. Menkes [ J.N. Thompson and S.H. Trevas of counsel], for the petitioner.
William C. Chanler, Corporation Counsel [ Milton Sandberg, Edward B. Hennefeld and S.C. Levine of counsel], for the respondents.
The motion for reargument is granted, the decision withdrawn, and the findings vacated. The decision in this action ( 176 Misc. 916) was based upon the authority of Federal Land Bank v. Bismarck Lumber Co. ( 70 N.D. 607; 297 N.W. 42). Since the decision herein, the Supreme Court of the United States has reversed the judgment in the Federal Land Bank case ( 314 U.S. 95). Settle judgment. Findings of fact and conclusions of law signed.