MARKS, Superior Court Judge.
This is an appeal by Cannie Burrell (hereinafter sometimes called Burrell), the plaintiff in the trial court, from a judgment of the Pima County Superior Court entered on January 30, 1969, dismissing his complaint against the defendants Southern Pacific Company (hereinafter sometimes called S.P.) and William D. Concannon (hereinafter sometimes called Concannon) in Action No. 108758 predicated upon the doctrine of res judicata.
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