HULBERT, District Judge.
This action is in fraud to recover damages.
On or about Nov. 8, 1937, the defendant Embree was served with a copy of the summons and complaint. He appeared by Messrs. Garey & Garey and his time to plead was extended up to and including December 30, 1937, when an answer was served in his behalf.
Meanwhile, negotiations to effect a settlement of this action were had wherein Messrs. Garey & Garey acted for the defendants...
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