
    John T. Irwin, Respondent, v. Thomas J. Foley, as President of Local Union 125 of International Union of Operating Engineers, et al., Appellants.
    Argued June 13, 1941;
    decided July 29, 1941.
    
      
      Robert J. Fitzsimmons and Warren H. Mayell for appellants.
    
      Isidore Beerman and Leon A. Beerman for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ. Lehman, Ch. J., dissents and votes to reverse on the°ground that the trial court was not bound as matter of law to give credence to the testimony of the plaintiff.  