
    Fourth Department,
    July, 1950
    (July 13, 1950.)
    Merwin K. Hart, Suing on Behalf of Himself and All Others Similarly Situated, Appellant, v. E. P. Dutton & Company, Inc., Respondent.
   Order affirmed with $10 costs and disbursements. All concur. (The order appealed from dismisses plaintiff’s complaint in an action purported to be one for money had and received growing out of alleged libelous and defamatory statements in reference to plaintiff in a book “Under Cover” published by defendant.) Present — Taylor, P. J., McCum, Love, Vaughan and Piper, JJ. [197 Misc. 274.] [See post, p. 962.]  