BYERS, District Judge.
Motion by plaintiff for summary judgment under Rule 56, Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, after answer filed.
The action is based upon diversity, the plaintiff being a resident of Georgia and the defendant of this state and district.
The verified complaint (filed August 2, 1938) alleges the matrimonial relation, prior to the judgment sued upon; the commencement of the primary action in the...
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