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MALCOLM CHRISTIAN, Appellant, v. VILLAGE OF HERKIMER, Respondent.

Judgment affirmed, without costs; no opinion.

Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FROESSEL, VAN VOORHIS and BURKE; Judge FULD dissents and votes to reverse for the reasons stated by Presiding Justice McCURN in his dissenting opinion in the Appellate Division.

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CHRISTIAN v. VILLAGE OF HERKIMER
(Nov 13, 1958)