WILEY, J.
The appeal herein is from a final judgment entered in favor of the defendant-appellee, Jack L. Walker, and against the plaintiff-appellant, Donald C. Atkins, whereby the complaint of the plaintiff was dismissed, with prejudice, at the plaintiff's costs.
As a factual background, we adopt the statement of this court of appeals on the previous appeal as reported in Atkins v. Walker (1979),
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