STARR, Chief Judge.
The defendants' motion to dismiss this present action, No. 2706, must be considered in connection with a prior pending action, No. 2596, between the same parties.
On December 29, 1954, the defendants herein, Joseph A. Hanley and Ruth C. Hanley, his wife, as plaintiffs began suit in the circuit court of Berrien county, Michigan, against the Fireman's Fund Insurance Company, plaintiff in the present action. The Fireman's company as defendant...
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