BRATTON, Circuit Judge.
The question presently presented on this appeal is whether after entry of the first judgment in the case the trial court effectively granted a new trial.
On June 11, 1951, the cause was submitted to the court without a jury. At the conclusion of the hearing, the court announced that the judgment would be in favor of the defendant and gave its reasons for that action. Thereupon, counsel for plaintiff moved in open court to dispense with...
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