STARFRED PROPERTIES v. ETTINGER

No. 112.

131 F.2d 575 (1943)

STARFRED PROPERTIES, Inc., v. ETTINGER.

Circuit Court of Appeals, Second Circuit.

January 5, 1943.


Attorney(s) appearing for the Case

Walter Adikes, of Jamaica, N. Y. (Street & Adikes, of Jamaica, N. Y., on the brief), for petitioner-appellant.

Irving I. Erdheim, of New York City, for respondent-appellee.

Before AUGUSTUS N. HAND, CLARK, and FRANK, Circuit Judges.


PER CURIAM.

The sole error claimed on this appeal from dismissal of an involuntary petition in bankruptcy is as to the action of the district judge in taking the case from the jury. The judge thought that, since both parties had moved for directed verdicts, a jury trial was waived; and respondent relies on state cases so holding. But Federal Rules of Civil Procedure, Rule 50(a), 28 U.S.C.A. following section 723c, is explicitly contra; and hence if petitioner had...

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