OSBORNE, J.
This matter came on to be heard on the motion of the defendant, Don Nussbaum, to set aside the service of summons on the defendant. This motion shall be treated by the court as a motion to vacate the judgment heretofore rendered in this case. Also the motion of the plaintiff to strike the motion of the defendant from the files. Both motions shall be treated together, regarding the matters herein, on the evidence, the oral arguments of counsel and the briefs...
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