MORRIS, Judge.
Theisen's motion was filed 16 October 1974. On 5 January 1976, Judge Rouse entered an order requiring the parties to ". . . be prepared with affidavits and memoranda of law to argue the motions to dismiss . . ." on 2 February 1976. Register filed affidavits on 15 and 22 November 1974. However, Theisen did not file its two affidavits until 2 February 1976, the day of the hearing. The court in its order stated that it had reviewed ". . . the file, including...
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