State v. California Packing Corporation

WADE, Justice.

Plaintiff, by its petition for rehearing, raises only the question of the effect of our affirmance of the dismissal of plaintiff’s complaint with prejudice. The district court sustained the demurrer to plaintiff’s amended complaint, plaintiff refused to plead further; the case was dismissed with prejudice and we affirmed the judgment. State of Utah v. California Packing Corporation, 105 Utah 182, 141 P. 2d 386. The state now contends that the dismissal of this action should not be a bar to its maintaining another action based on the facts alleged in its original complaint and…