MAGRUDER, Circuit Judge.
This complaint by the beneficiary of an insurance policy was met by the defense that the insured's death was brought about by the operation of an excepted risk, and that liability was therefore limited to the amount of the reserve. The plaintiff claimed a jury trial. Subsequently, however, the parties filed a stipulation of facts, and each party moved for summary judgment. On December 17, 1943, the District Court entered judgment for the plaintiff...
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