
    Joseph Lindner, Suing on Behalf of Himself and All Other Stockholders of Hilo Varnish Corporation Similarly Situated, Plaintiff, v. Hilo Varnish Corporation and Others, Respondents, Impleaded with Herman Uehlinger, Appellant.
   Order denying motion to settle and frame issues affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P. J., Young, Seudder and Tompkins, JJ., concur; Davis, J., dissents and votes to reverse on the ground that defendant Uehlinger was entitled to a jury trial as a matter of right, and as he made a motion to separate the issues there could be no waiver.  