Opinion
No. 9513.
Argued March 1, 1948.
Decided April 5, 1948.
Appeal from the District Court of the United States for the Eastern District of Pennsylvania; William H. Kirkpatrick, Judge.
Samuel Polsky, of Philadelphia, Pa. (Thomas Z. Minehart, M. Alan Banks and Maurice A. Bank, all of Philadelphia, Pa., on the brief), for appellant.
Raymond A. White, Jr., of Philadelphia, Pa., for appellees.
Before BIGGS, MARIS, and GOODRICH, Circuit Judges.
The circumstances of this case are indeed unusual. They compel the conclusion that the court below did not err in giving judgment for the defendant under Rule 50(b), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. Accordingly the judgment will be affirmed.