Legal Opinion
Irving B. Kahn and Peter G. Levathes v. Abraham Massler, James Wilson, Glassy Finish Process Company, and Bestway Products, Inc
Court of Appeals for the Third Circuit
Decided February 12, 1957No. 11976PublishedCited by 5 opinions
1Opinion of the Court
GOODRICH, Circuit Judge.
This is an appeal from a judgment of the District Court for the District of New Jersey. The trial judge granted, upon motion, an involuntary dismissal at the close of the plaintiffs’ case under Rule 41(b) of the Federal Rules of Civil Procedure, 28 U.S.C. The district court felt itself bound by the dictum expressed by this Court in Ettore v. Philco Television Broadcasting Corporation, 3 Cir., 1956, 229 F.2d 481, 484, to the effect that the evidence should be considered in the light most favorable to the plaintiff. D.C.D.N.J.1956, 140 F.Supp. 629, 632. In the Ettore…
2Cases cited4 opinions
- Q-Tips, Inc. v. Johnson & Johnson (Two Cases)Court of Appeals for the Third Circuit · 1953
- Albert Ettore v. Philco Television Broadcasting Corporation, Clayton, Inc. & Chesebrough Manufacturing Company, ConsolidatedCourt of Appeals for the Third Circuit · 1956
- Allred v. SasserCourt of Appeals for the Seventh Circuit · 1948
- Kahn v. MasslerDistrict Court, D. New Jersey · 1956
3Cited by5 opinions
- John P. O'Brien v. Westinghouse Electric CorporationCourt of Appeals for the Third Circuit · 1961
- Rogge v. WeaverAlaska Supreme Court · 1962
- Falter v. Veterans AdministrationDistrict Court, D. New Jersey · 1986
- Doughty v. First Pennsylvania Bank N. A.District Court, E.D. Pennsylvania · 1978
- Rogge v. WeaverAlaska Supreme Court · 1962