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MONTGOMERY WARD & CO. v. DUNCAN

No. 30.

311 U.S. 243 (1940)

MONTGOMERY WARD & CO. v. DUNCAN.

Supreme Court of United States.

Decided December 9, 1940.

Attorney(s) appearing for the Case

Mr. John A. Barr argued the cause, and Messrs. L.E. Oliphant and J. Merrick Moore were on the brief, for petitioner.

Mr. Edward H. Coulter, with whom Messrs. Kenneth W. Coulter and Boone T. Coulter were on the brief, for respondent.

MR. JUSTICE ROBERTS delivered the opinion of the Court.

In this case we are called upon to determine the appropriate procedure under Rule 50 (b) of the Federal Rules of Civil Procedure.1

To recover damages for personal injuries, respondent (hereinafter spoken of as plaintiff) brought action against petitioner (hereinafter spoken of as defendant), pursuant to an Arkansas statute declaring...

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