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ALLEGHENY COUNTY, PA. v. MARYLAND CASUALTY CO.

No. 8788.

42 F.Supp. 678 (1941)

ALLEGHENY COUNTY, PA., v. MARYLAND CASUALTY CO.

District Court, W. D. Pennsylvania.

November 15, 1941.

Attorney(s) appearing for the Case

Edward G. Bothwell, and Harry V. Bair, Asst. Co. Sols., both of Pittsburgh, Pa., for plaintiff.

Oliver K. Eaton, of Pittsburgh, Pa., and Duane R. Dills, and Jack J. Levinson, both of New York, for defendant.

GIBSON, District Judge.

After verdict for plaintiff, the defendant moved for judgment n. o. v., and also filed an alternative motion for a new trial. The motion for judgment was allowed, but no order was made upon the motion for a new trial, as prescribed by Montgomery Ward & Co. v. Duncan, 311 U.S. 243, 61 S.Ct. 189, 85 L.Ed. 147. Therefore, pursuant to motion of counsel for plaintiff, the order for judgment has been vacated pending...

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