Sattler v. Great Atlantic & Pacific Tea Co.

HUNTER, District Judge.

At the close of plaintiffs’ case, defendant moved for a directed verdict, upon which motion the court reserved its ruling. At the close of all the evidence the defendant, by oral motion, moved for a directed verdict, upon which motion the court also reserved its ruling. The case was then submitted to the jury. The jury failed to return a verdict and was discharged on April 14, 1955. Upon these facts, plaintiff contends that this court has lost jurisdiction to pass favorably upon the defendant’s motions made pursuant to Rule 50(a) and Rule 50(b) of Fed.Rules Civ.Proc.,…