GILBERT, Circuit Judge (after stating the facts as above).
The defendant in error moves to strike out the bill of exceptions and to dismiss the writ of error. The case, a law action, was tried before the judge on written stipulation waiving a jury, and on April 22, 1924, judgment was rendered in favor of the defendant in error. On April 29, 1924, the plaintiff in error served and filed a notice of his intention to move for a new trial. On the the same day the attorneys...
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