STONE, Circuit Judge.
This is an action upon a bond. A demurrer was sustained to the answer as insufficient. Thereafter, and without leave, the same answer was refiled. Thereafter a motion was filed to strike the later answer as a frivolous pleading and for a judgment by default. The court sustained the motion to strike and denied the motion for judgment, giving defendant ten days to plead. No subsequent pleading was filed by defendant. Several months thereafter the...
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