FORD, District Judge.
Following a memorandum of decision handed down by this court on January 5, 1955, 16 F.R.D. 522, plaintiff caused a new complaint against this defendant to be served upon Walter J. Malloy, Clerk of the City of Boston, on January 12, 1955, under the provisions of Mass.G.L.(Ter. Ed.) Ch. 227, §§ 5 and 5A, St.1949, c. 612, § 2. Service was made by the United States Marshal and returned into court. Following this return of service,...
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