NORDBYE, District Judge.
The above entitled matter came on for hearing before the Court on the 28th day of July, 1948, at Duluth, Minnesota, upon motions of the defendant, specially appearing solely for the purposes of the motions:
"1. To quash and set aside the purported service of summons herein because:
"(a) The complaint herein names the same parties plaintiff and defendant and is substantially similar to the complaint sought to be served on October...
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