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HUBER HOGE, INC. v. SMITH & WESSON

No. 3062.

33 F.2d 923 (1928)

HUBER HOGE, Inc., v. SMITH & WESSON, Inc.

District Court, D. Massachusetts.

January 24, 1928.

Attorney(s) appearing for the Case

Morton Collingwood, of Plymouth, Mass., for plaintiff.

Wooden, Small & Mallary, of Springfield, Mass., for defendant.

BREWSTER, District Judge.

The above-entitled case was tried to a jury when it appeared that no disputed issue of fact was involved. An alternative verdict was returned, the jury finding for the plaintiff in the sum of $5,195.87 with an alternative that if, as matter of law, the plaintiff was not entitled to recover, a defendant's verdict might be entered upon order of this court. A motion to set aside the verdict for the plaintiff and to direct a verdict for the defendant...

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