BOURQUIN, District Judge.
Heretofore, plaintiff moved to dismiss, and the court granted the motion, "with prejudice, unless within ten days or time granted, plaintiff pays all costs and expenses of defendant's preparation for trial, and files consent that in any future case of like kind between them, all depositions heretofore taken herein may be used by defendant as they could be in this suit."
In due time, on plaintiff's petition and order procured that...
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