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EMERSON ELECTRIC CO. v. FARMER

No. 28107.

427 F.2d 1082 (1970)

EMERSON ELECTRIC CO., Appellant, v. Guy F. FARMER, Appellee.

United States Court of Appeals, Fifth Circuit.

June 15, 1970.

Attorney(s) appearing for the Case

Lloyd Leemis, Jacksonville, Fla., M. Reese Dill, Cleveland, Ohio, for appellant.

Edward S. Parrish, Jr., James A. Fischette, Jacksonville, Fla., for appellee.

Before JOHN R. BROWN, Chief Judge, and COLEMAN and CLARK, Circuit Judges.

JOHN R. BROWN, Chief Judge:

This case involves a little thermal electronics, a little of the romance of business acquisitions through debt positions, a little plain and fancy misrepresentation of the products' proficiency, and a little Florida law on fraud. But mostly it involves the more prosaic problem of the use of F.R.Civ.P. 41(b)1 on dismissals on the merits at the close of the Plaintiff's case. What complicates it is not the misuse...

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