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ROBERTS v. UNITED STATES

No. 1731.

17 F.Supp. 641 (1936)

ROBERTS v. UNITED STATES.

District Court, D. Idaho, S. D.

December 24, 1936.

Attorney(s) appearing for the Case

Delana & Delana, of Boise, Idaho, for plaintiff.

John A. Carver, U. S. Dist. Atty., and E. H. Casterlin and Frank Griffin, Asst. U. S. Dist. Attys., all of Boise, Idaho, and Luke Kavanaugh, Sp. Atty., Department of Justice.

CAVANAH, District Judge.

A directed verdict for the defendant was granted, and the plaintiff now moves for a new trial.

The principal grounds urged by the motion are: (1) That there was sufficient evidence presented to require the court to submit the case to the jury and (2) newly discovered evidence.

The first inquiry is, Does there appear sufficient substantial evidence to sustain a verdict for the plaintiff? If not, then it becomes the duty of the...

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