Smith v. Sharples Co.

MEMORANDUM AND ORDER

DAVIS, District Judge.

Under authority of Local Rule 31(a),1 the defendant Sharpies Company who was recently acquitted in a trial by jury, has filed a motion to dismiss the plaintiff’s motion for a new trial, essentially for lack of prosecution.

*424The chronology of this action is as follows:

May 3, 1968: Verdict for the defendant (and third party defendant), was returned and entered.2

May 6, 1968: The plaintiff filed a motion for a new trial, in accordance with Federal Rule 50(b).

May 7, 1968: The defendant ordered certain portions of the Trial transcript, relevant to the…