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BROOKS v. LOCAL NO. 30, UNITED SLATE, TILE, ETC.

Civ. A. No. 28487.

187 F.Supp. 365 (1960)

Morris BROOKS, Frederick W. Hofer, Stanley Kent, William E. Callahan, John P. Cahill, v. LOCAL NO. 30, UNITED SLATE, TILE AND COMPOSITION ROOFERS, CAMP AND WATERPROOF WORKERS' ASSOCIATION.

United States District Court E. D. Pennsylvania.

September 20, 1960.

Attorney(s) appearing for the Case

John Rogers Carroll, Philadelphia, Pa., for plaintiffs.

Richard H. Markowitz, Philadelphia, Pa., for defendant.

VAN DUSEN, District Judge.

The above Motion was made at the conclusion of the plaintiffs' case during the final hearing1 of the matter, pursuant to the second sentence of F.R.Civ. P. 41(b), 28 U.S.C. which provides:

"After the plaintiff has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon...

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