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MITCHELL INV. CO. v. REPUBLIC STEEL CORP.

No. 5503.

63 F.Supp. 323 (1944)

MITCHELL INV. CO. v. REPUBLIC STEEL CORP.

District Court, N. D. Ohio, E. D.

July 3, 1944.

Attorney(s) appearing for the Case

Sidney Weitz and Payer, Corrigan, Bleiweiss & Cook, all of Cleveland, Ohio (Harry Payer, of Cleveland, Ohio, of counsel), for plaintiff.

Jones, Day, Cockley & Reavis, of Cleveland, Ohio (Luther Day, of Cleveland, Ohio, of counsel), for defendant.

WILKIN, District Judge.

This cause came on for trial and at the conclusion of the plaintiff's case in chief the defendant made a motion to dismiss and for judgment on the ground that plaintiff had shown no right to relief. Because the testimony upon which the plaintiff relied was all record evidence and because court and counsel thought the controlling issues had been raised by the motion, the trial was continued, briefs...

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