474 F2d 1400 Kellner v. R Saye

474 F.2d 1400

Kenneth KELLNER, Appellee,
Leonard R. SAYE, Appellant.

No. 71-2571.

United States Court of Appeals,
Ninth Circuit.

April 2, 1973.

Morton Galane (argued), Miriam Shearing, Las Vegas, Nev., for appellant.

R. L. Gilbert (argued), Morrill, Neb., John H. Pilkington, Morris, Walker & Pilkington, Las Vegas, Nev., for appellee.

Before CHAMBERS and BROWNING, Circuit Judges, and KELLEHER,* District Judge.


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This jury case is here on appeal from a judgment entered after the granting of motions for directed verdicts.


We are satisfied that the trial judge applied the proper rule and had before him a proper record upon which to take the case away from the jury and to decide in appellee's favor. See Kellner v. Saye, 331 F.Supp. 846, 851 (D.Nev. 1971).


The judgment is affirmed.


Honorable Robert J. Kelleher, United States District Judge, Central District of California, sitting by designation