CURTIS MACHINE COMPANY v. MacINNES

Civ. A. No. 451.

160 F.Supp. 438 (1958)

CURTIS MACHINE COMPANY, now by merger The Carborundum Company, Plaintiff, v. Alfred C. MacINNES and Donald S. MacInnes, trading and doing business as MacInnes Steel Sales Company, Defendants.

United States District Court W. D. Pennsylvania.

March 3, 1958.


Attorney(s) appearing for the Case

Quinn, Leemhuis, Plate & Dwyer, Erie, Pa., for plaintiff.

David S. Gifford, Erie, Pa., for defendants.


WILLSON, District Judge.

In this diversity action the verdict of the jury was in favor of the defendants. At the close of all of the evidence, plaintiff moved for a directed verdict. Decision was reserved on this motion. Plaintiff has now filed timely motions under Fed.Rules Civ.Proc. rule 50, 28 U.S.C.A., for judgment in accordance with its motion for a directed verdict, and in the alternative, for a new trial.

The undisputed facts are briefly stated. In...

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