KREIELSHEIMER v. COHEN

No. 7556.

252 F.2d 330 (1958)

Helen Catzen KREIELSHEIMER, Appellant, v. Emanuel B. COHEN and The Flat Top National Bank, a National Banking Association, Administrator of the Estate of Ethel Irene Catzen Cohen, Appellees.

United States Court of Appeals Fourth Circuit.

Decided February 14, 1958.


Attorney(s) appearing for the Case

Arthur F. Kingdon, Bluefield, W. Va. (Harry Schwartz, Washington, D. C., on the brief), for appellant.

William T. Hancock and George Richardson, Jr., Bluefield, W. Va., for appellees.

Before PARKER, Chief Judge, SOBELOFF, Circuit Judge, and WARLICK, District Judge.


PER CURIAM.

This is an appeal in an action based upon an alleged agreement to execute reciprocal wills. At the conclusion of plaintiff's evidence the trial judge entered judgment for defendant on the ground that the evidence was insufficient to establish the agreement relied on, without, however, making the findings of fact required by Rule 41(b) of the Rules of Civil Procedure, 28 U.S.C.A., the pertinent portion of which provides:

"After the plaintiff has...

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