ORR, Circuit Judge.
The complaint in the instant action was filed in the Trial Court on June 4, 1956. Thereafter appellee filed a motion to dismiss on the ground that the Trial Court lacked jurisdiction of the subject matter. There was also filed, in due course, a motion for summary judgment on the ground that the same issues presented by the complaint were adversely decided against appellant in a former action between the same parties. The Trial Court treated both...
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