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GEORGES v. PACIFIC TELEPHONE AND TELEGRAPH COMPANY

Civ. No. 9999.

184 F.Supp. 571 (1960)

Thomas T. GEORGES, Sr., Thomas T. Georges, Jr., and William A. Gittelsohn, copartners, doing business as Oregon Laundry and Dry Cleaners, Plaintiffs, v. PACIFIC TELEPHONE AND TELEGRAPH COMPANY, a California corporation, Defendant.

United States District Court D. Oregon.

February 3, 1960.

Attorney(s) appearing for the Case

Mark C. McClanahan, Portland, Ore., for plaintiff.

George H. Fraser and Dean G. Ostrum, Portland, Or., for defendant.

EAST, District Judge.1

At this time the Court has the obligation to rule upon the defendant's motion made yesterday upon the close of the plaintiffs' testimony. While the motion reads in the language of a motion for directed verdict, the Court will treat it the same as a motion for dismissal pursuant to Rule 41, subd. (b), of the Federal Rules of Civil Procedure, 28 U.S. C.A.2

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