LeGRAND, Justice.
This is an interlocutory appeal under rule 332, Rules of Civil Procedure. It challenges the propriety of an order overruling defendant's motion to dismiss plaintiff's cause of action on the ground that a prior dismissal of the same cause under rule 55, R.C.P., was a dismissal on the merits and that the doctrine of res judicata prevented plaintiff from starting the same action anew.
The claim arises out of an automobile accident which occurred...
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