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NEIL BROS. GRAIN CO. v. HARTFORD FIRE INS. CO.

No. 4219.

1 F.2d 904 (1924)

NEIL BROS. GRAIN CO. et al. v. HARTFORD FIRE INS. CO. et al.

Circuit Court of Appeals, Ninth Circuit.

October 13, 1924.

Attorney(s) appearing for the Case

O. C. Moore, of Spokane, Wash., for plaintiffs in error.

E. Eugene Davis, of Spokane, Wash., for defendants in error.

Before GILBERT, MORROW, and RUDKIN, Circuit Judges.

RUDKIN, Circuit Judge (after stating the facts as above).

The power of the court below to withdraw the case from the jury and enter judgments on the merits in favor of the defendants in error is the first question discussed by counsel. That no such power exists in a federal court is, we think, settled by the decision of the Supreme Court in Slocum v. New York Life Ins. Co., 228 U.S. 364, 33 Sup. Ct. 523, 57 L. Ed. 879, Ann. Cas. 1914D...

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