OPINION
DYER, Chief Justice.
This case comes to this Court from the action of the trial judge sustaining a plea in abatement and dismissing the action. In this opinion James Edgar Northcott and wife, Lella Ruth Northcott, will be referred to as plaintiffs, and Jess Calvin Holloway, Elmer L. Cochran, Jr., Elmer L. Cochran, Sr., individually and dba Cochran Trucking, Inc., Ideal Baking Company, Inc. and Ideal Distributing Company, as defendants.
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