PORTERIE, District Judge.
(1) As to Plea of Res Judicata. After a reading and consideration of the pleadings, the briefs of opposing counsel, and, in particular, the evidence in the case (the certified copy of the suit, No. 13767, Eleventh Judicial District Court of the State of Louisiana, Parish of Vernon: Ped C. Kay, Jr. v. T. L. James Co., Inc. and National Surety Corporation), we are of the opinion that the plea of res judicata urged is not good.
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