Allen Industries, Inc., a Delaware Corporation and Colonial Rubber Works, Inc., an Indiana Corporation v. National Sponge Cushion Co., Inc., a California Corporation, Appellant, 403 F.2d 717 (3d Cir. 1969)

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US Court of Appeals for the Third Circuit - 403 F.2d 717 (3d Cir. 1969) Argued October 10, 1968
Decided November 27, 1968
Rehearing Denied December 31, 1968
Certiorari Denied March 24, 1969
See 89 S. Ct. 1194

Appeal from United States District Court for the District of New Jersey; James A. Coolahan, Judge.

Louis M. Welsh, San Diego, Cal., Pendleton, Neuman, Seibold & Williams, Chicago, Ill. (Sidney Neuman, Chicago, Ill., Philip J. Albert, Trenton, N. J., William J. Birmingham, Chicago, Ill., Welsh & Gibson, San Diego, Cal., Levy, Levy, Albert & Marcus, Trenton, N. J., on the brief), for appellant.

Don K. Harness, Detroit, Mich., Backes & Backes, Trenton, N. J. (Richard E. Dibner, Detroit, Mich., Robert M. Backes, Trenton, N. J., Harness, Dickey & Pierce, Detroit, Mich., on the brief), for appellees.


Before McLAUGHLIN, STALEY and VAN DUSEN, Circuit Judges.


This is an appeal from an order of the district court granting plaintiff's motion for judgment notwithstanding the verdict following a jury trial and verdict for defendant. Appellant contends that there were conflicts of fact necessary for the jury to resolve; and that there was no showing that reasonable men could not have reached the verdict returned by the jury and thus, in granting the motion, the district court usurped the function of the jury to find the facts.

We have carefully examined the record and can find no error. We will affirm the order of the district court on its thorough and well-reasoned opinion, Allen Industries, Inc. v. National Sponge Cushion, Inc., 292 F. Supp. 504 (D.N.J. 1967).