Huber Hoge, Inc. v. Smith & Wesson, Inc.

BREWSTER, District Judge.

The above-entitled case was tried to a jury when it appeared that no disputed issue of f aet was involved. An alternative verdict was returned, the jury finding for the plaintiff in the sum of $5,195.87 with an alternative that if, as matter of law, the plaintiff was not entitled to recover, a defendant’s verdict might be entered upon order of this court. A motion to set aside the verdict for the plaintiff and to direct a verdict for the defendant was duly filed, which has been considered on oral arguments and briefs.

The plaintiff holds itself out to the publie as…