FORD, District Judge.
Defendant Boston Terminal Corporation has moved to dismiss the complaint on three grounds. The first ground, that of lack of proper service, has been waived.
The second ground is that the action was a nullity since it was not brought during the lifetime of the original plaintiff, who died October 11, 1952. While the summons is dated October 16, 1952, it appears from the docket entry and from the date stamp of the Clerk's Office on the...
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