
    P. Charles DeNeri, as Secretary-Treasurer of Barbers’ and Beauty Culturists Union of America, Local No. 7, Appellant, v. Gene Louis, Inc., Respondent.
    Submitted February 27, 1942;
    decided April 30, 1942.
    
      
      Louis P. Goldberg, Benjamin Wyle and Samuel S. Rosh for appellant.
    
      Ralph Weller for respondent.
   Judgments modified by providing that the complaint is dismissed without prejudice to a new action, and as so modified, affirmed, without costs. Sufficient basis does not exist in the statement of agreed facts ” for a determination upon the merits of the questions argued in the briefs since the statement recites only claims and contentions of plaintiff instead of facts. No opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ.  