FARIS, District Judge.
This case was tried on the merits before the court, without a jury. There was some question raised, prior to the hearing on the merits, as to whether the case was triable to a court, or triable to a jury. The contention was made that it was triable to the court alone. But be that as may be, it was agreed by counsel that it should be submitted to the court, without a jury, and was thus submitted.
Livingston, the plaintiff, was successor...
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