LESNIK v. PUBLIC INDUSTRIALS CORPORATION

No. 176.

153 F.2d 783 (1946)

LESNIK v. PUBLIC INDUSTRIALS CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

January 23, 1946.


Attorney(s) appearing for the Case

R. Randolph Hicks, of New York City (R. Randolph Hicks and Earl E. Keyes, both of New York City, of counsel), for appellant.

David Haar, of New York City, for appellee Harry Lesnik.

Guy George Gabrielson, of New York City, in pro. per., and for Albert L. Wolfe and C. Herbert Davison.

Before L. HAND, CLARK and FRANK, Circuit Judges.


PER CURIAM.

When the jury disagreed and were discharged, no verdict remained; and the directed verdict was merely the adjudication of the judge. It disappears with our reversal of the judgment entered upon it, and the case stands untried. See Federal Rule 50 (b), 28 U.S.C.A. following section 723c.

The plaintiff's evidence upon this trial was in substance the same as before; indeed, it was somewhat stronger. The jury alone could weigh against it the testimony...

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