LETTS, District Judge.
This cause came on to be heard upon the plea in abatement interposed by the defendants.
In addition to the other grounds set forth in support of the plea, it was alleged that defendant Ross M. Kearns was never served with summons or other process in this case, as shown by the return of the marshal for the Southern district of New York. At the time of the hearing upon said plea the court, in view of the affidavits submitted therewith...
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