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WAT SUMMER MOHAMED, Respondent, v. UNIFRUITCO STEAMSHIP CO., LTD., and UNITED FRUIT COMPANY, Appellants.

Order denying defendants' motion to dismiss complaint modified by adding thereto a provision that the question of fact as to the execution of the general release by plaintiff be tried by a jury, the findings to be reported to the court for its action as provided in Civil Practice Rule 108; and as so modified affirmed, without costs. ( Galanti v. Brady Gioe, Inc., 211 App. Div. 858; Rizzuto v. U.S. Shipping Board Emergency Fleet Corp., 213 id. 326.) Lazansky, P.J., Rich, Kapper, Hagarty and Carswell, JJ., concur. Settle order on notice.

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MOHAMED v. UNIFRUITCO S.S. CO., LTD., UNITED FRUIT
(Mar 1, 1928)