MASON, Justice.
Plaintiffs appeal from the trial court's ruling sustaining defendant's motion for summary judgment based on the theory plaintiffs' claim for damages as alleged in a separate law action should properly have been asserted as a counterclaim in a previous equity action and is now barred under rule 29, Rules of Civil Procedure. The correctness of this ruling is presented for determination.
March 28, 1961 plaintiffs, Gerald and Shirley Harrington...
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