Paul Bartsch v. Chamberlin Company of America, Inc.

Appellant filed an action in the District Court against the appellee for breach of contract. Appellee moved to dismiss the action for the reason that the complaint’failed to state a claim upon which relief could be granted. By order of July 3, 1957, the District Judge granted appellee’s. motion and. ordered “that'the complaint herein is hereby dismissed at plaintiff’s costs.” No appeal was taken.

On September 30, 1957, appellant filed the present action m- zhe District Court against the appellee upon the same alleged cause of action. Appellee filed a motion for summary judgment in which it…