Texas Continental Life Insurance v. Dunne

WEICK, Circuit Judge.

This appeal is from an order granting plaintiff’s motion, filed pursuant to Rule 50(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., for judgment in accordance with its motion for a directed verdict made at the close of all the evidence and after the jury had disagreed and a mistrial had been declared. The order was in conformity with the opinion of the District Judge reported in 187 F.Supp. 15.

Plaintiff’s complaint contained two counts, one at common law for fraud and the second for conspiracy to violate the Federal Securities Act of 1933, as amended, the Federal…