McLELLAN, District Judge.
This cause came on for a hearing today on the Motion List upon the plaintiff's motion for judgment on the pleadings.
An examination of the papers in the case shows that while the defendant sent in his answer it was not filed. The clerk requested the defendant to forward the requisite fee and on January 9, 1939, the defendant's counsel wrote the clerk, saying in substance, "Please be advised that the defendant Daley no longer desires...
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