KOENIG v. CORCORAN

No. 13079.

199 F.2d 37 (1952)

KOENIG v. CORCORAN.

United States Court of Appeals Ninth Circuit.

Rehearing Denied November 14, 1952.


Attorney(s) appearing for the Case

P. W. Lanier, P. W. Lanier, Jr., Frank T. Knox, Lanier, Lanier & Knox, Fargo, N. D., Andrew G. Sutton, Billings, Mont., for appellant.

H. B. Landoe, Bozeman, Mont., for appellee.

Before STEPHENS, BONE and ORR, Circuit Judges.


STEPHENS, Circuit Judge.

This appeal reaches us after the trial court had taken the case from the jury at the conclusion of the plaintiff's testimony and had dismissed it upon the ground that the evidence adduced could not support a verdict for plaintiff. The plaintiff is appealing, and for clarity in this opinion we shall continue to designate the parties as plaintiff and defendant. The case is in the federal courts because of diversity of citizenship.

The...

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