Sandra Adickes v. S. H. Kress and Company

(dissenting) :

I respectfully dissent.

I

I would reverse the judgment below and remand for further proceedings in the district court. I agree with my brothers’ discussion in Part II of their majority opinion and with the result they reached there. I also agree with the result reached by them in Parts VI and VII. I must dissent, however, from the remainder of the majority opinion and from the order affirming the judgment for the defendant that was entered after the jury returned the defendant’s verdict which the trial court had ordered.

In my view, the initial rulings on defendant’s motion for…