CAYTON, Chief Judge.
Verdict having been directed against him on the opening statement of his counsel in an action charging fraudulent misrepresentations, plaintiff brings this appeal.
His complaint set out at considerable length the details of his claim. Highly condensed, the allegations were these: That the defendant Scamoni, in association with defendants Parreco, was engaged in excavating, loading, unloading and hauling dirt in nearby Montgomery County...
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