KNIGHT, District Judge.
On the 18th day of June, 1935, plaintiff caused a summons to be served upon the defendant by delivery of a copy thereof to an assistant district attorney. It was intended by this means to commence an action for recovery under a war risk insurance policy previously issued to the plaintiff. The aforementioned date was the last day upon which the action could be commenced. Defendant has moved to vacate the service of the summons.
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