
    WAYNE FURNITURE COMPANY, Plaintiff-Appellant v. DAYTON (CITY) et, Defendants-Appellees.
    Ohio Appeals, Second District, Montgomery County.
    No. 1766.
    Decided April 10, 1944.
    Victor Jacobs, Dayton, for plaintiff-appellant.
    Herbert S. Bean, Dayton, Maurice J. Gilbert, Dayton' for defendants-appellees.
   OPINION

BY THE COURT:

The above entitled cause is now being determined on plaintiff-appellant’s application for rehearing.

The application for rehearing is predicated on the claimed error of the Court of Appeals in its original opinion dismissing plaintiff-appellant’s appeal.

We still adhere to our original opinion and consequently the .application for rehearing will be overruled.

BARNES, P. J., -HORNBECK and GEIGER, JJ., concur.  