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The summary entitled Background which begins the Opinion for the majority by Justice Cook is instructive as to the general position of the court, later affirmed, asto the relative duties of the respective parties in this claim.

PartiesTheir union was over..

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Claimant also argues against dismissal pursuant to the doctrine of res judicataby asserting that the granting of the motion for summary judgment does not rise to the level of adjudication on the merits, rendering the doctrine inapplicable.

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