Order dated November 16, 1956 modified by striking from the last ordering paragraph everything following the words "rehearing" and by substituting therefor the words "the issues be and the same hereby are set down for hearing." As so modified, order unanimously affirmed, with $10 costs and disbursements to appellant. So far as appears from the papers on appeal, questions of fact were presented. The matter should not have been determined without a trial. Appeal from order...
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