Duling v. Markun

DUFFY, Chief Judge.

This cause is here for the second time. Prior to the trial of the case the District Court granted defendants’ motion for summary judgment. This Court reversed and remanded the case for a trial on the merits. Duling v. Markun, 231 F.2d 833, certiorari denied Markun v. Duling, 352 U.S. 870, 77 S.Ct. 96, 1 L.Ed.2d 76. After a trial, the District Court found the issues favorable to plaintiffs. The Findings of Fact and Conclusions of Law are reported in 152 F.Supp. 683. Judgment was entered against both defendants.

A statement of the pertinent facts appears in our previous…