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DE TORE v. GREAT ATLANTIC AND PACIFIC TEA COMPANY

No. 17619.

411 F.2d 613 (1969)

Anna DE TORE and James De Tore, Appellants, v. The GREAT ATLANTIC AND PACIFIC TEA COMPANY, Inc.

United States Court of Appeals Third Circuit.

Decided May 22, 1969.

Attorney(s) appearing for the Case

A. A. Guarino, Philadelphia, Pa., for appellants.

Lowell A. Reed, Jr., Rawle & Henderson, Philadelphia, Pa. (David L. Steck, Philadelphia, Pa., on the brief), for appellee.

Before HASTIE, Chief Judge, and GANEY and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

This tort action for negligent personal injury is in federal court solely because of the diversity of citizenship of the parties. At the close of plaintiffs' case in a trial to a judge sitting without a jury, defendant moved for involuntary dismissal under Rule 41(b), Federal Rules of Civil Procedure. The plaintiffs were then allowed to reopen their case to present additional testimony. The defendant then renewed its motion...

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