GARDNER, Circuit Judge.
This is an action on a contract of war risk insurance, in which the pleadings are in conventional form.
The parties will be referred to as they appeared in the lower court.
After a jury had been impaneled and sworn, one of plaintiff's attorneys made an opening statement of the case to the jury, reciting that before the war plaintiff was an able-bodied man, able to do the hardest kind of farm work; that he enlisted in the service...
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