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GILLESPIE v. WINDUST

Civ. No. A-7723.

143 F.Supp. 555 (1956)

Floyd Burke GILLESPIE, Plaintiff, v. John WINDUST, Carl E. Oaks, John Doe, Richard Roe, Henry Poe, Mary Green, and Mary Moe, Defendants.

District Court, Alaska Third Division, Anchorage.

August 24, 1956.

Attorney(s) appearing for the Case

John Manders, Anchorage, Alaska, and Maurice Johnson, Fairbanks, Alaska, for plaintiff.

Cremo & LaFollette, Anchorage, Alaska, for defendant Windust.

McCARREY, District Judge.

This matter comes before the court upon a motion to set aside the verdict which awarded the plaintiff possession of certain property here in dispute, but which does not allow any damages for loss of rents and profits. A motion for a directed verdict, under rule 50, Federal Rules of Civil Procedure, 28 U.S.C.A., was made at the close of plaintiff's evidence, which motion was denied.

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