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McMEEKIN v. GIMBEL BROTHERS, INC.

Civ. A. No. 60-766.

223 F.Supp. 896 (1963)

Thomas O. McMEEKIN, a minor, by John O. McMeekin, guardian, and John O. McMeekin and Eleanor L. McMeekin, Plaintiffs. v. GIMBEL BROTHERS, INC., Defendant and Third-Party Plaintiff, v. The ESKA CORPORATION and John O. McMeekin, Third-Party Defendants.

United States District Court W. D. Pennsylvania.

November 19, 1963.

Attorney(s) appearing for the Case

Mercer & Buckley, Pittsburgh, Pa., for plaintiffs.

Reed & Egler, Pittsburgh, Pa., for defendant.

Weis & Weis, Pittsburgh, Pa., for third-party defendants.

MARSH, District Judge.

At the close of the plaintiffs' evidence in this diversity case, the court granted defendant's motion for a directed verdict, specifying as grounds therefor: (1) Insufficient evidence of causation, (2) failure to prove negligence, and (3) failure to prove a breach of warranty. Rule 50, Fed.R.Civ.P. Plaintiffs timely moved for a new trial. Rule 59, Fed.R.Civ.P. We think the motion should be denied.

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