HOUGH, Circuit Judge (after stating the facts as above).
Two questions are here raised; the first that plaintiff did not make out a prima facie case. We have above recited what we think was proven and no question of law would be elucidated by going into the matter further. It is held that plaintiff gave enough evidence to warrant a verdict, in the absence of any controverting proof.
The other question is whether the above-quoted statement of the answer, viz...
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