LIBBY v. UNITED STATES

Civ. A. No. 20218.

209 F.Supp. 793 (1962)

Robert LIBBY, Plaintiff, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, v. ROTH, WADKINS & WISE, INC., a Michigan Corporation, Third-Party Defendant, and Detroit Elevator Company, a Michigan Corporation, Third-Party Defendant, and Stolaruk Asphalt Paving, Inc., Third-Party Defendant.

United States District Court E. D. Michigan, S. D.

September 24, 1962.


Attorney(s) appearing for the Case

Menendez and LaPlata, Detroit, Mich., for plaintiff.

Lawrence Gubow, U. S. Dist. Atty., by Barton Morris, Asst. U. S. Dist. Atty., for United States defendant and third-party defendant.

Albert L. Lieberman, Detroit, Mich., for Roth, Wadkins & Wise, Inc., third-party defendant.

Lawrence Bohall of Cary, BeGole & Martin, Detroit, Mich., for Detroit Elevator Co., third-party defendant.

No appearance was filed on behalf of Stolaruk Asphalt Paving, Inc., third-party defendant.


MACHROWICZ, District Judge.

A trial of the issues in this case was had before the Court without a jury on September 18 and 19, 1962. At the conclusion of plaintiff's case the Government, defendant herein, moved for a judgment in its favor, which motion was denied without prejudice to renewal; the motion was renewed after presentation of evidence by both parties.

Upon a review of the pleadings and after hearing all of the evidence presented by the plaintiff...

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