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3 or not he conceded that the actions at law were barred by the Statute. Mr. Berry stated that that was his position. We find, upon an examina- tion of the transcript of the testimony, that this does not appear. It is quite possible, however, that it may be in the reporter's notes although not transcribed by him. At the same time we stated that it was our position that the actions were barred by the Statute. May we suggest that this question is not before the court for determination since all parties agree that the actions are barred. We regret that we are not in a position to adopt the suggestion made. We have, however, as above stated, given it careful consideration and we believe that the interests of our client compels us to take the course above indicated. Very truly yours,

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    "ocrText": "3\nor not he conceded that the actions at law were\nbarred by the Statute. Mr. Berry stated that\nthat was his position. We find, upon an examina-\ntion of the transcript of the testimony, that this\ndoes not appear.\nIt is quite possible, however,\nthat it may be in the reporter's notes although not\ntranscribed by him. At the same time we stated\nthat it was our position that the actions were barred\nby the Statute.\nMay we suggest that this\nquestion is not before the court for determination\nsince all parties agree that the actions are barred.\nWe regret that we are not in a position to\nadopt the suggestion made. We have, however, as\nabove stated, given it careful consideration and we\nbelieve that the interests of our client compels\nus to take the course above indicated.\nVery truly yours,"
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