BOWEN, District Judge.
This is a law action, commenced in the state court and removed here, to recover damages for personal injuries for negligence, in which defendant pleaded among other things a release, and plaintiff replied that the release was procured by fraud. Defendant moves to have the issue of fraudulent release tried by the court without a jury as in equity separately from and before the other issues at law are tried.
In the practice under the Code...
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