
    Peter F. Lynch, Respondent, v. George D. Bailey et al., Doing Business as Touche, Niven, Bailey & Smart, Appellants.
   Present — Glennon, J. P., Dore, Cohn and Callahan, JJ.; Callahan, J., dissents and votes to reverse and deny the motion in the following memorandum: In the prior action, the plaintiff sought an injunction as well as declaratory judgment and he might have secured damages in that suit and the judgment is, therefore, res judicata. [See post, p. 789.]  