Summary
granting Plaintiff's motion for a new trial when two Supreme Court cases changed the controlling law subsequent to a jury verdict
Summary of this case from Sass v. MTA Bus Co.Opinion
Nos. 21893-R, 21894-R.
May 17, 1943.
Frank J. Hennessy, U.S. Atty., and W.F. Mathewson, Asst. U.S. Atty., both of San Francisco, Cal., for plaintiff.
Louis Ferrari, G.D. Schilling, James S. De Martini, and R.I. McCarthy, all of San Francisco, Cal., for defendant Bank of America Nat. Trust Savings Ass'n.
Treadwell Laughlin, Edward F. Treadwell, Reginald S. Laughlin, and A. Thatcher Cook, all of San Francisco, Cal., for defendant Anglo California Nat. Bank.
Plaintiff's motion for new trial in each of the above cases having been heretofore heard and submitted and the Court's attention having been directed to the cases of Clearfield Trust Company v. United States of America, 318 U.S. 744, 63 S.Ct. 573, 87 L.Ed. ___, and Washington Loan Trust Co. v. United States, App.D.C., 134 F.2d 59, which cases were decided after the Court's decision in the two cases involved herein but which appear to the Court to be controlling, it is hereby ordered that the plaintiff's motion for new trial in each of the above cases be, and the same is hereby, granted.