BRATTON, Circuit Judge.
This is an action at law to recover damages. Plaintiff instituted the suit in two counts against the National City Company, a corporation organized under the laws of the state of New York with an office in Denver, Colorado. The corporate name of the defendant was changed during the pendency of the suit to the City Company and that substitution was made of record.
It was alleged in the first count that on November 1, 1929, plaintiff...
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