Joseph Denunzio Fruit Co. v. Crane

BONE, Circuit Judge.

This is an appeal by the Denunzio Corporation from a judgment dismissing its action as to Crane and Kazanjian. See opinion of lower court reported in 89 F.Supp. 962.

After entry of the judgment directed by Judge O’Connor, 79 F.Supp. 117, Crane moved for a new trial. Judge O’Connor died before this motion could be heard by him and it was subsequently heard and determined by Judge Carter, 89 F.Supp. 962. 1

Upon the hearing on Crane’s motion for a new trial Judge Carter entered a judgment awarding a new trial and ordered therein that the findings of fact, conclusions of law and…