HAHN, District Judge.
This action was instituted on the 27th day of July, 1926, by the filing of a petition herein praying for a recovery in the amount of $4,645.22, together with interest and costs. The case, being at issue, was noticed for trial on the 25th day of October, 1927. On December 1, 1927, defendant's counsel moved the court for an order passing the case out of the assignment on account of the sickness of the defendant; the case having been set for trial...
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