United States v. Steele

McAllister, circuit judge.

On a prior appeal to this court a judgment of the district court, in favor of Dan C. Phillips, was reversed and the case remanded for a new trial. A recital of the factual background and the issues appears in the opinion on that appeal. United States v. Phillips, 6 Cir., 94 F.2d 903. In the mean*979time, Phillips has died; and on a retrial, his administrator was awarded a verdict by a jury, in accordance with which, judgment was entered. The Government brings the case before us for review, claiming error in the trial court’s denial of the motions to direct a verdict, and…