SWYGERT, Chief Judge.
The undisputed facts which are material to the issue raised by the motion are as follows: The clerk of the court at Hammond received the complaint on October 15, 1954, and marked it filed. A summons directed to the defendant was prepared and signed by the clerk on the same day. The court's docket indicates that the summons was issued October 15, 1954. Although the clerk had no definite recollection of mailing this summons, it was customary for...
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