R. JASPER SMITH, District Judge.
In this case defendant has filed its motion for summary judgment on the grounds that plaintiff is barred from maintaining this action by reason of plaintiff's previous election of remedies in case No. 9202, between the same parties in Division No. 2 of this Court. The action was filed May 19, 1956, in the Circuit Court of Jackson County, Missouri, and was removed here June 7, 1956, as a diversity case.
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