AUGUSTUS N. HAND, Circuit Judge.
The complaint in this action, as amended, contained two counts. Each was dismissed at the close of plaintiff's case and the judgment signed by the clerk recited that:
"* * * the parties appearing by counsel and a jury trial having been waived * * * by oral stipulation in open court; and the allegations and proofs on the part of the plaintiff having been fully heard and considered, and the defendant having moved to dismiss the...
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