NICHOLS, Presiding Judge.
The motion for summary judgment was based on the pleadings and the evidence adduced on the prior trials, the judgments of this court and the affidavit of counsel for the defendant that the evidence on another trial would be no different from that adduced on the first two trials. On the hearing of the motion for summary judgment no showing was made that any additional or different evidence would be adduced on a third trial and the motion was...
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