Georges v. Pacific Telephone and Telegraph Company

EAST, District Judge. 1

At this time the Court has the obligation to rule upon the defendant's motion made yesterday upon the close of the plaintiffs’ testimony. While the motion reads in the language of a motion for directed verdict, the Court will treat it the same as a motion for dismissal pursuant to Rule 41, subd. (b), of the Federal Rules of Civil Procedure, 28 U.S. C.A. 2

It is basic that in consideration of this motion the Court must assume all of the evidence submitted in plaintiffs’ case to be true and view it in its entirety in a light most favorable to the plaintiffs’ contentions…