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KAUFMAN v. MELLON NATIONAL BANK AND TRUST COMPANY

No. 14975.

366 F.2d 326 (1966)

Benjamin KAUFMAN, Nathan P. Jacobs, Philip Kessler, Morris Rapoport and Martin Bruce, Appellants, v. MELLON NATIONAL BANK AND TRUST COMPANY.

United States Court of Appeals Third Circuit.

Decided September 23, 1966.

Rehearing Denied October 14, 1966.

Attorney(s) appearing for the Case

John L. Laubach, Jr., Sanford M. Lampl, Pittsburgh, Pa., for appellants.

Edmund K. Trent, Pittsburgh, Pa., (Steven A. Stepanian, II, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., on the brief) for appellee.

Before McLAUGHLIN, HASTIE and SMITH, Circuit Judges.

OPINION OF THE COURT

WILLIAM F. SMITH, Circuit Judge.

This is an action in which the claims for damages are based on fraud, breach of contract and promissory estoppel. At the close of the evidence the defendant moved for a directed verdict in its favor and decision thereon was reserved. The issues were submitted to the jury on special interrogatories, as authorized by Fed.Rules Civ.Proc., rule 49, 28 U.S.C.A. The jury reported its inability to agree and...

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