Order affirmed, without costs.
Plaintiff James P. Cahill is in the military service. If this action were dismissed for want of prosecution, a second action by him would not be time-barred by the applicable Statutes of Limitation, by virtue of the tolling provisions contained in section 308 of the Military Law and section 205 of the Federal Soldiers' and Sailors' Civil Relief Act of 1940 (U. S. Code, tit. 50, App., § 525). Under such circumstances and in view...
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