District Court, N.D. Texas February 10, 1958, Civ. No. 7608 (Bros, Inc. v. W. E. Grace Manufacturing Co.)

ATWELL, District Judge.

This is an application for a summary judgment. The pleading and facts dis*787close that the plaintiff filed a similar suit in Cleveland, Ohio, sometime prior to the filing of this suit in this state and court. The Ohio suit was between the same parties.