LUHRING, Justice.
This is a motion by the third-party defendant to dismiss the original complaint and the third-party complaint.
The complaint alleges: "That on or about November 21, 1938 * * * defendant, Southern Dairies, Inc., * * * was engaged in * * * manufacturing and distributing for public use and consumption ice-cream and confections including an ice-cream product known as `Drum Stick' which consisted of a cake cone filled with ice-cream and represented...
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