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FARRELL v. WEINARD

No. 7325.

241 F.2d 562 (1957)

Charles W. FARRELL, Appellant, v. Robert B. WEINARD, Appellee.

United States Court of Appeals Fourth Circuit.

Decided February 18, 1957.

Attorney(s) appearing for the Case

A. Arthur Rosenblum and I. H. Jacobson, Charleston, S. C. (Joseph Fromberg, Charleston, S. C., on brief) for appellant.

B. Allston Moore, Charleston, S. C. (Moore & Mouzon and Harold A. Mouzon, Charleston, S. C., on brief), for appellee.

Before SOPER and SOBELOFF, Circuit Judges, and WARLICK, District Judge.

WARLICK, District Judge.

This is an appeal by plaintiff from a dismissal of his action, under Rule 50, Fed.Rules Civ.Proc. 28 U.S.C.A., at the close of all the evidence offered in the trial below, and brings up for review the negligence claimed to warrant a recovery. Plaintiff and his companion, Cochran, were enlisted men stationed at the Charleston Air Force Base, and around 6:30 in the evening of March 3, 1955, left the Base on leave, spending the next several hours...

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