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O'LEARY v. JAMES & WUNDERLICH

Civ. Nos. 2006, 2007.

192 F.Supp. 462 (1960)

Louise J. O'LEARY, James Michael O'Leary, Robert Louis O'Leary, and Richard Douglas O'Leary, Minors, by their Guardian ad Litem Louise J. O'Leary, Plaintiffs, v. JAMES & WUNDERLICH, a joint adventure, Guy H. James Construction Company, a corporation, and Wunderlich Contracting Company, a corporation, Defendants. Louise J. O'LEARY, Executrix of the Estate of Michael D. O'Leary, Deceased, Plaintiff, v. JAMES & WUNDERLICH, a joint adventure, Guy H. James Construction Company, a corporation, and Wunderlich Contracting Company, a corporation, Defendants.

United States District Court D. Montana, Havre-Glasgow Division.

January 22, 1960.

Attorney(s) appearing for the Case

Franklin S. Longan, Calvin A. Calton and Franklin A. Lamb, Billings, Mont., for plaintiffs.

Hoffman & Cure, Great Falls, Mont., for defendants.

JAMESON, District Judge.

The defendants Guy H. James Construction Company and Wunderlich Contracting Company have moved the court, pursuant to Rule 50(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., for judgment in accordance with their motion for a directed verdict at the close of all the evidence. The case was tried before a jury, but no verdict was returned. Counsel for the respective parties have filed briefs, and oral argument was presented to the court...

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