Kellner v. Saye

Full title: KENNETH KELLNER, APPELLEE, v. LEONARD R. SAYE, APPELLANT

Court: United States Court of Appeals, Ninth Circuit

Date published: Apr 2, 1973

474 F.2d 1400 (9th Cir. 1973)

Opinion

No. 71-2571.

April 2, 1973.

Morton Galane (argued), Miriam Shearing, Las Vegas, Nev., for appellant.

R. L. Gilbert (argued), Morrill, Neb., John H. Pilkington, Morris, Walker Pilkington, Las Vegas, Nev., for appellee.

Appeal from the United States District Court for the District of Nevada; Roger D. Foley, Chief Judge.

Before CHAMBERS and BROWNING, Circuit Judges, and KELLEHER,^_ District Judge.

_ Honorable Robert J. Kelleher, United States District Judge, Central District of California, sitting by designation.

PER CURIAM:

This jury case is here on appeal from a judgment entered after the granting of motions for directed verdicts.

We are satisfied that the trial judge applied the proper rule and had before him a proper record upon which to take the case away from the jury and to decide in appellee's favor. See Kellner v. Saye, 331 F. Supp. 846, 851 (D.Nev. 1971).

The judgment is affirmed.