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ERIE RAILROAD COMPANY, Respondent, v. CITY OF ROCHESTER, Appellant.

Order affirmed, with costs. First question certified answered in the affirmative. Second question certified answered in the negative. No opinion.

Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY and CONWAY, JJ. Taking no part: SEARS and LEWIS, JJ.

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ERIE RAILROAD COMPANY v. CITY OF ROCHESTER
(Jan 23, 1940)