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ALLEGHENY COUNTY, PA. v. MARYLAND CASUALTY CO.

No. 8788.

42 F.Supp. 677 (1941)

ALLEGHENY COUNTY, PA., v. MARYLAND CASUALTY CO.

District Court, W. D. Pennsylvania.

November 14, 1941.

Attorney(s) appearing for the Case

Edward G. Bothwell and Harry V. Bair, Asst. Co. Sols., both of Pittsburgh, Pa., for plaintiff.

Oliver K. Eaton, of Pittsburgh, Pa., and Duane R. Dills and Jack J. Levinson, both of New York City, for defendant.

GIBSON, District Judge.

On October 28, 1941, this court ordered the entry of judgment in favor of the defendant notwithstanding verdict in favor of plaintiff. Plaintiff, basing its action upon Montgomery Ward & Co. v. Duncan, 311 U.S. 243, 61 S.Ct. 189, 85 L.Ed. 147, has moved the vacation of that order, so that simultaneous orders may be made upon the defendant's motion for judgment and its alternative motion for a new trial. The...

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