KENYON, Circuit Judge.
This is an appeal from a judgment on a war risk insurance policy. The case was tried by the court upon the theory that a jury had been waived under Rev. St. § 649, as amended by Act of May 29, 1930, c. 357 (28 USCA § 773), which provides, not only for a written waiver of a jury in civil cases, but also for an oral waiver, the stipulation therefor to be made in open court and entered in the record. Counsel for appellee in his brief...
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