ALDRICH, District Judge.
This is a motion for summary judgment made by the defendant on the ground that service of process was not made within the statutory period.
On June 22 or 23, 1954, plaintiff's counsel prepared a complaint against the defendant executrix for an alleged indebtedness of the estate, the same claim involved in the present suit. The complaint was filed in this court June 23, and that afternoon counsel conferred with the marshal's office...
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