JOHN E. MILLER, Chief Judge.
On September 24, 1962, the defendant, Hoerner Boxes, Inc., filed its motion to dismiss the complaint of plaintiffs on the ground that the complaint fails to state a claim upon which relief can be granted. It was specifically alleged in the motion:
(1) That the original complaint of the defendant herein filed by it as plaintiff in the Sebastian Chancery Court, Fort Smith District, on March 7, 1962, was against the defendants therein...
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