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SAFEWAY STORES v. FANNAN

No. 17315.

308 F.2d 94 (1962)

SAFEWAY STORES, Appellant, v. Marvin FANNAN, Appellee. Marvin FANNAN, Appellant, v. SAFEWAY STORES, Appellee.

United States Court of Appeals Ninth Circuit.

September 11, 1962.

Attorney(s) appearing for the Case

Tooze, Powers, Kerr, Tooze & Morrell, Lamar Tooze and Edwin J. Peterson, Portland, Or., for appellant-appellee Safeway Stores, Inc.

Pozzi, Levin & Wilson and Philip A. Levin, Portland, Or., for appellee-appellant Marvin Fannan.

Before CHAMBERS, Chief Judge, DUNIWAY, Circuit Judge, and JAMES M. CARTER, District Judge.

JAMES M. CARTER, District Judge.

This case presents the question as to whether or not in a situation where a defendant has made a motion for a directed verdict, the Court may, on its own motion, grant a dismissal without prejudice. There is also presented the question as to whether or not the plaintiff's proof was sufficient to entitle him to go to the jury.

Cross appeals are presented. Marvin Fannan, plaintiff below, appeals from an order of dismissal without...

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