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TIPTON v. BARGE

No. 7349.

243 F.2d 531 (1957)

Oscar TIPTON, Appellant, v. Otis A. BARGE, William B. Thompson, and T. W. Daniel, individually and as Partners, Trading and Doing Business as Barge-Thompson Company, Appellees.

United States Court of Appeals Fourth Circuit.

Decided April 9, 1957.

Attorney(s) appearing for the Case

William C. Meekins, Asheville, N. C. (Meekins, Packer & Roberts, Asheville, N. C., on brief) for appellant.

Thomas A. Uzzell, Jr., and Harry DuMont., Asheville, N. C., for appellees.

Before PARKER, Chief Judge, and HARRY E. WATKINS and GILLIAM, District Judges.

GILLIAM, District Judge.

This action at common law alleging negligence of defendants and resulting injuries was dismissed at the close of plaintiff's evidence and plaintiff appealed. At the conclusion of the plaintiff's evidence, the District Judge granted the defendants' motion to dismiss, as provided by Rule 41(b), Fed.Rules Civ.Proc. 28 U.S.C.A. "on the ground that upon the facts and the law the plaintiff (had) shown no right to relief". Since this action was tantamount...

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