Majority
p. 777The Cumberland Corporation, Suing Individually and as a Stockholder in the McLellan Stores Company, on Behalf of Itself and of All Other Stockholders Similarly Situated, Respondent, v. McLellan Stores Company, Stuart Hedden and Hedden & Co., Inc., Appellants.
Order affirmed, with twenty dollars costs and disbursements. No opinion. Present — Martin, P. J., O’Malley, Townley, Dore and Callahan, JJ.; Townley and Dore, JJ., dissent and vote to reverse and grant the motion to vacate. — ■ The date for the examination to proceed to be fixed in the order. Settle order on notice.