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EDWIN AVERY, Appellant, v. ORDER OF ST. BASIL THE GREAT, Respondent.

Order affirmed, with costs; no opinion.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN. Judge KEATING dissents and votes to reverse and grant a new trial on the ground that there were questions of fact, properly presented to the jury under an adequate charge, both as to breach of a duty owed to plaintiff by defendant and as to plaintiff's freedom from contributory negligence.

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AVERY v. ORDER OF ST. BASIL THE GREAT
(Apr 3, 1968)