Opinion
No. 88, Docket 23209.
Argued January 10, 1955.
Decided February 7, 1955. Writ of Certiorari Denied June 6, 1955. See 75 S.Ct. 883.
Appeal from an order of the United States District Court for the Eastern District of New York setting aside a jury verdict in favor of the plaintiff and directing judgment for the defendant under Rule 50(b) of the Federal Rules of Civil Procedure, 28 U.S.C.; Clarence G. Galston, Judge.
David M. Fink and Jacquin Frank, New York City, for plaintiff-appellant.
Edward R. Brumley, New York City (R.M. Peet, New York City, of counsel), for defendant-appellee.
Before CLARK, Chief Judge, and FRANK and HINCKS, Circuit Judges.
The case in its present posture is free from the procedural defects for which the prior judgment was reversed in Johnson v. New York, N.H. H.R. Co., 344 U.S. 48, 73 S.Ct. 125, 97 L.Ed. 77.
Affirmed on the opinion of Judge Galston, Johnson v. Palmer, 129 F. Supp. 202.