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Where a party is entitled to copies of the records and proceedings in any
suit or prosecution in a State court, to be used in any district court of the United States,
and the clerk of such State court, upon demand, and the payment
or tender of the legal fees, fails to deliver certified copies, the district
court may, on affidavit reciting such facts, direct such record to be supplied
by affidavit or otherwise. Thereupon such proceedings, trial, and judgment may
be had in such district court, and all such process awarded, as if certified
copies had been filed in the district court.
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