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LENTINO v. FRINGE EMP. PLANS, INC.

No. 78-1110.

611 F.2d 474 (1979)

Frank LENTINO and Perry Flame, Trustees of the Teamsters Local 158—Severance Pay Plan, Appellants, v. FRINGE EMPLOYEE PLANS, INC., Fringe Programs, Inc., 377 Fifth Avenue, New York, New York 10016 and Howard Casper and Mark Muller, Individually and trading as Casper & Muller, a partnership, and Jack Miller, Ray A. Oates, Max Cohen, Harold Kapp and Robert G. Sloane, Individually and as former trustees of the Teamsters Union 158 Severance Pay Plan, Appellees, v. J. B. JACKSON et al. (Third-party Defendants).

United States Court of Appeals, Third Circuit.

Decided December 18, 1979.

Attorney(s) appearing for the Case

Kenneth S. Hall (argued), Philadelphia, Pa., for appellants.

R. M. Jordan (argued), Robert F. Roach, White & Williams, Philadelphia, Pa., for appellees.

Before ADAMS, HUNTER, and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

This is an appeal from the grant of a Rule 50(a) motion for a directed verdict.1 Appellants, plaintiffs below, contend that the directed verdict was improper because it was granted prior to the close of plaintiffs' evidence. We conclude that appellants were not prejudiced by the exclusion of the final item in their case and affirm the order of the district court.

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