District Court, W.D. Arkansas April 10, 1963, Civ. A. No. 1708 (Orr v. Stuart)

JOHN E. MILLER, Chief Judge.

On March 20, 1963, the defendant served and filed a motion to dismiss the complaint of plaintiff.

The motion is based upon the filing and dismissal of two prior suits. There is no factual dispute, and the only question before the court is whether the instant suit may be maintained in view of the dismissal of the two suits filed prior to the instant suit.