STEPHENS, Circuit Judge.
For clarity, the parties herein will be referred to as "plaintiff" and "defendant."
Plaintiff Barkeij has appealed in propria persona from a judgment of the District Court entered June 29, 1954, dismissing his complaint with prejudice. On July 15, 1954, plaintiff filed in the Court below his Motion for Rehearing and New Trial. Subsequently, and during the pendency
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