WOOLSEY, District Judge.
This motion is granted.
The writ of subpoena herein was issued on October 7, 1930, out of the clerk's office.
The marshal certified that the writ was served on the defendant Ruggiero on November 24, 1930, and on the defendant De Rasimo on November 25, 1930.
The writ with this certificate on it was returned to the clerk's office and there filed December 4, 1930.
Equity Rule 12 (28 USCA § 723) requires that...
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