Flynn v. Camp

This case comes to this Court from the action of the trial judge in sustaining a demurrer filed by one defendant and a plea in abatement filed by the other defendant dismissing the suit as to all defendants. In this opinion the parties will be referred to as was their status in the trial court; that is, Kenneth K. Flynn as plaintiff, and W. R. Camp, Jr., doing business as W. R. Camp Industrial Chemicals, and ABC Compounding Company, Inc., as defendants, or by name.

This suit was first filed in the United States District Court on June 3, 1970, where a non-suit was entered and the case refiled…