REEVES, District Judge.
The motion for a directed verdict in the above case was filed after the failure of a jury to agree and after a mistrial was declared by the court. This motion is filed pursuant to the provisions of Rule 50(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. It is there provided that:
"Whenever a motion for a directed verdict made at the close of all the evidence is denied, * * *" and, "if a verdict was not...
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