Except as so modified, said order and judgment are affirmed, without costs and disbursements, for essentially the reasons stated by Justice Fusco. Plaintiff's renewal of its prior motion to dismiss the appeal for failure to prosecute is denied. The parties entered into a written agreement in April, 1967, pursuant to which defendant was appointed as plaintiff's "non-exclusive" distributor of refuse collection bodies, in certain specified territories. Some seven months later...
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