DUFFY, Circuit Judge.
On July 10, 1959, this suit was commenced by filing a complaint in ten counts. It alleged a concealed fraud by defendant which led to and induced the execution of a written settlement agreement between the parties to this suit and a third person. On March 7, 1960, on motion by defendant, seven counts of the complaint were dismissed for failure to state a claim, and one count was ordered stricken from the file as scandalous; all, however, with...
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