KIRKPATRICK, District Judge.
The plaintiff, before the effective date of the Rules, brought a suit at law against the Indemnity Company, upon a policy of burglary insurance. The Company defended upon the ground that the plaintiff's books of account had not been kept in the manner provided for in the policy. After a trial there was a verdict and judgment for the plaintiff. On appeal, however, the Circuit Court of Appeals, 3 Cir.,
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