HAMILTON, District Judge.
This case is pending before me on motion of the plaintiff for a new trial to set aside the judgment entered on August 22, 1936, dismissing plaintiff's petition without prejudice. I have concluded after a reexamination of the case that the judgment complained of should be set aside and one entered for the plaintiff.
This action was originally instituted in the Livingston circuit court in Livingston county, Ky., on July 30, 1935, by...
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