Allegheny County v. Maryland Casualty Co.

GIBSON, District Judge.

After verdict for the plaintiff, the defendant filed a motion for judgment in its favor notwithstanding the verdict, and also an alternative motion for a new trial. On June 9, 1941, the court, acting pursuant to the provisions of Rule 50(b) of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, and its interpretation of the decision as to the scope of said Rule in Montgomery Ward & Co. v. Duncan, 311 U.S. 243, 61 S.Ct. 189, 85 L.Ed. 147, ordered that the verdict be vacated and that judgment n. o. v. be entered in favor of the defendant, and also filed an…