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The People of the State of New York Ex Rel. George C. Potter, Appellant, v. Clarence W. Smith, as Mayor of the City of Johnstown, Et Al., Respondents
Order of Appellate Division reversed, with costs, and assessment annulled on opinion of Willard Bartlett, Ch. J., in People ex rel. Empie v. Smith (216 N. Y. 95).
Concur: Willard Bartlett, Ch. J., Chase, Collin, Cuddeback, Hogan, Seabury and Pound, JJ.