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GARDEN HOMES v. MASON

No. 5099.

238 F.2d 651 (1956)

GARDEN HOMES, Inc., Plaintiff, Appellant, v. Norman P. MASON, as he is Commissioner of Federal Housing Administration, Defendant, Appellee.

United States Court of Appeals First Circuit.

December 3, 1956.

Attorney(s) appearing for the Case

Angus M. MacNeil, Somerville, Mass., for appellant.

Daniel Needham, Jr., Asst. U. S. Atty., Boston, Mass., with whom Anthony Julian, U. S. Atty., Boston, Mass., was on brief, for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

MAGRUDER, Chief Judge.

This is an appeal from an order by the district court dismissing an action removed from the state court in which it was begun. The ground of dismissal was the insufficiency of service of process upon the defendant.

The primary facts are not in dispute. By writ dated August 9, 1955, the plaintiff instituted this action against "Norman P. Mason, as he is Commissioner of Federal Housing Administration in Chelmsford" in the District Court...

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