Rehearing and Rehearing in Banc Denied February 4, 1955, and March 3, 1955.
MATHEWS, Circuit Judge.
On or before November 8, 1950, the United States District Court for the Northern District of California appointed Ly Shew as guardian ad litem of a boy who called himself and claimed to be Ly Moon and is hereafter called Moon. On November 8, 1950, Moon, by his guardian ad litem, Ly Shew, instituted an action
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