Motion to be allowed to appeal to the Court of Appeals granted. The court certifies that a question of law has arisen which in its opinion ought to be reviewed by the Court of Appeals, and hereby certifies the following question: Upon the record herein is defendant entitled to judgment dismissing the complaint in this action pursuant to subdivision 5 of rule 107 of the Rules of Civil Practice? Present — Hill, P. J., Rhodes, McNamee, Crapser and Hefíeman, JJ. [See ante, p. 140.]
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