Fairbanks Whitney Corp. v. Sarlie

Owbu" McGivebn, J.

Defendant Sarlie moves for dismissal of the first and second causes of action for insufficiency and, pursuant to subdivision 3 of rule 107 of the Rules of Civil Practice for dismissal of causes second through six upon the ground that the same causes appear in the earlier and pending action brought by this plaintiff’s predecessor, Penn-Texas Corporation. By separate motion in the Penn-Texas Corporation action, the defendant Sarlie likewise moves for relief pursuant to subdivision 3 of rule 107, dismissing the sixth, seventh and eighth causes appearing in the second…