ANDERSON, Circuit Judge.
The record in this case shows the following: On October 8, 1925, there was pending in the court below an action at law brought by Frank M. Jones against Thomas Rankin. On that day the cause being at issue and called for trial, the parties entered into a written stipulation as follows:
"It appearing that the plaintiff, Frank Graham Jones, is in court in person, and also represented by his counsel, Caruthers Ewing and Howe, Fordham ...
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