HULBERT, District Judge.
Defendant moves under Federal Rules of Civil Procedure, Rules 12(b) and 56, 28 U.S.C.A., to dismiss the second count in the complaint on the ground that the Court lacks jurisdiction of the subject matter and that the second count fails to state a claim on which relief can be granted. Alternatively defendant moves that if the Court has jurisdiction, it should decline to exercise it because a prior action was started on the same subject matter...
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