BAKER, District Judge.
The undisputed facts in this case, insofar as the same are pertinent to the question now before this Court, are as follows:
George F. C. Hartman, the plaintiff, upon November 21, 1939, caused a summons to be issued in the Circuit Court of Monongalia County, West Virginia, returnable to December Rules, 1939. At December Rules, the plaintiff filed his declaration against the defendant, in the office of the Circuit Clerk of Monongalia County...
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