Fellows v. National Can Co.

TUTTLE, District Judge.

This action is now before the court on a motion by defendant to direct a verdict in its favor of no cause of action. The material facts and questions involved in the controversy out of which this and a companion action arose are shown in the -opinions of this court and of the Circuit Court of Appeals of this Circuit, as reported in 257 F. 970, 169 C. C. A. 120, 276 F. 309, and 290 F. 201. There is no occasion to repeat or review these facts or questions here, further than is necessary to indicate the sole question which is now presented and which has not already been…