Order entered September 6, 1968, unanimously modified, on the law, to reinstate plaintiffs' causes of action and to vacate judgment entered thereon and to deny defendant's motion to dismiss and, as so modified, affirmed, with costs to plaintiffs-appellants to abide the event. The record on this application reveals several factual questions which preclude the granting of summary judgment. Among these are the true nature of the assignment of the so-called royalty agreement...
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