Order reversed, with $10 costs and disbursements, and motion denied.
The motion to dismiss was addressed to the sufficiency of the complaint, charging lack of jurisdiction appearing on its face. The defect, upon which such a motion is based, must appear from the complaint alone (Rules Civ. Prac., rule 106). There is no allegation in the complaint which states, or from which it may be inferred, that operation of either the existing or the proposed broadcasting station...
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