COLLET, District Judge.
It appears from the special plea in bar incorporated in the answer, and on motion heard in advance of the trial on the merits, that this is the second action brought on the same cause of action between the same parties. When the first suit was filed a plea in bar was presented in the State Court based upon the ground that upon the facts stated in the petition, supplemented by a brief agreed statement of facts, plaintiff's injuries and claim...
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