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p. 890Davis Creek Land and Coal Company, a Foreign Corporation, Respondent, v. George Frankel and Others, Copartners, etc., Appellants, Impleaded with Another.
Order modified by striking out paragraph numbered 3 and modifying paragraph 4 so as to confine examination thereunder as to non-payment by defendants, and as so modified affirmed, without costs. No opinion. Settle order on notice fixing date for examination to proceed. Present — Clarke, P. J., Dowling, Page, Merrell and Finch, JJ.