Starfred Properties, Inc. v. Ettinger.

The sole error claimed on this appeal from dismissal of an involuntary petition in bankruptcy is as to the action of the district judge in taking the case from the jury. The judge thought that, since both parties had moved for directed verdicts, a jury trial was waived; and respondent relies on state cases so holding. But Federal Rules of Civil Procedure, Rule 50(a), 28 U.S.C.A. following section 723c, is explicitly contra; and hence if petitioner had made a case, it was entitled to go to the jury upon denial of its motion. Nor is respondent correct that petitioner must *576file assignments of…