DEARBORN STOVE CO. v. FARMERS UNION COOP. GAS & OIL CO.

Misc. No. 162.

304 F.2d 273 (1962)

DEARBORN STOVE COMPANY, Petitioner, v. FARMERS UNION COOPERATIVE GAS & OIL COMPANY, Respondent.

United States Court of Appeals Eighth Circuit.

June 21, 1962.


Attorney(s) appearing for the Case

Crosby & Nielsen, North Platte, Neb., for Dearborn Stove Co., petitioner.

No response for Farmers Union Co-operative Gas & Oil Co., respondent.

Before JOHNSEN, Chief Judge, and VAN OOSTERHOUT and MATTHES, Circuit Judges.


PER CURIAM.

Petitioner requests us to permit an appeal under 28 U.S.C.A. § 1292(b) from an order denying petitioner's Motion for Judgment in Accordance with Motion for Directed Verdict, which was made after the jury had disagreed and had been discharged.

The trial judge had stated in his order denying the motion for judgment that whether he had been wrong in submitting the case to the jury was in his opinion a controlling question of law as to which there...

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