MR. JUSTICE MORAN delivered the opinion of the court.
This proceeding originated by the filing of a complaint on July 5, 1966. The defendant successfully moved to dismiss the same for its failure to state a cause of action. Thereafter, on December 14, 1966, the plaintiff filed an amended complaint which also was dismissed. On June 21, 1967, a second amended complaint was filed and the following order was entered on September 20, 1967:
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