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Gordon, Secretary of Banking, v. Nelson, Appellant.

Harr v. Mikalarias, 328 Pa. 49, followed.

Argued November 23, 1937.

PER CURIAM, November 29, 1937:

This case is ruled by Harr v. Mikalarias, 328 Pa. 49. The judgment must therefore be reversed, without prejudice to plaintiff's right to discontinue and, after compliance with the requirements of section 723 of the Department of Banking Code of 1933, P. L. 565, to institute a new action.

Judgment reversed.

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GORDON, SEC. OF BANKING v. NELSON
(Nov 29, 1937)