District Court, D. Massachusetts.
McLELLAN, District Judge.
This action between citizens of different States was commenced in the State Court, and removed to this Court by the defendant. In Massachusetts, there are three kinds of personal actions, contract, tort and replevin. In accordance with permissible State practice, this action is stated to be in contract or tort and at the beginning of the declaration appears the following:
"The plaintiff being uncertain as to whether its cause of action...
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