SWINFORD, District Judge.
This case is before the court on the motion of the defendant for a judgment notwithstanding the verdict. Fed.Rules Civ. Proc. rule 50(b), 28 U.S.C.A.
The plaintiff sued the defendant Elkhorn for damages growing out of the following facts:
Elkhorn was engaged in producing coal. Lively was an employee with the designation, Assistant Manager. Elkhorn owned certain coal lands which it desired to develop. Lively entered into an...
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