DAY, District Judge.
This action was commenced by the plaintiff in the Superior Court of the State of Rhode Island by the issuance of a writ of summons dated September 20, 1955, and returnable to that court on October 20, 1955. The ad damnum of this writ was in the sum of $5,000. Prior to the return day thereof, when the plaintiff's writ and declaration would be filed in the office of the clerk of said
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