ZENOFF, District Judge:
Judgment by default had been entered against respondents in a court of record of California. The certificate of return related that respondent William Zarker was personally served with process at Concord, California.
The judgment was assigned to appellant and action brought against Zarker in Nevada. At a pretrial conference it was stipulated that if permitted to testify, Zarker would state that he was never personally served with process...
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