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KAHN v. MASSLER

No. 11976.

241 F.2d 47 (1957)

Irving B. KAHN and Peter G. Levathes, Appellants, v. Abraham MASSLER, James Wilson, Glassy Finish Process Company, and Bestway Products, Inc.

United States Court of Appeals Third Circuit.

Decided February 12, 1957.

Attorney(s) appearing for the Case

Charles C. Kieffer, Washington, D. C., (Thomas J. Brogan, Jersey City, N. J., Joseph Zorn, Port Chester, N. Y., on the brief), for appellants.

Frank L. Bate, Newark, N. J. (Harold H. Fisher, Frederick B. Lacey, Shanley & Fisher, Newark, N. J., on the brief), for appellees.

Before MARIS, GOODRICH and STALEY, Circuit Judges.

GOODRICH, Circuit Judge.

This is an appeal from a judgment of the District Court for the District of New Jersey. The trial judge granted, upon motion, an involuntary dismissal at the close of the plaintiffs' case under Rule 41(b) of the Federal Rules of Civil Procedure, 28 U.S.C. The district court felt itself bound by the dictum expressed by this Court in Ettore v. Philco Television Broadcasting Corporation, 3 Cir., 1956, 229 F.2d 481

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