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137 F.2d 647

Docket No. 8203.

Reich v. Vegex, Inc.

Third Circuit Court of Appeals

Argued May 3, 1943.

Decided June 21, 1943.

Third Circuit Court of Appeals · decided 1943-06-21

Cited by 2 later decisions — most recently September 1979

1 district ·

2 counsel of record

Relies on Schad v. Twentieth Century-Fox Film Corp. · Federal Deposit Ins. v. Mason · 51 F. Supp. 99 - Reich v. Vegex, Inc.

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1943-06-21

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¶1A. L. Shapiro, of Philadelphia, Pa. (Abraham Wernick, of Philadelphia, Pa., of counsel), for appellants.

¶2R. Sturgis Ingersoll, of Philadelphia, Pa. (Ballard, Spahr, Andrews & Ingersoll, of Philadelphia, Pa., on the brief), for appellee.

¶3Before MARIS, JONES, and GOODRICH, Circuit Judges.

¶4PER CURIAM.

¶5The sole question arising upon this appeal is whether the plaintiffs made out a *648prima facie cas.e .entitling them to relief. Federal Deposit Ins. Corporation v. Mason, 3 Cir., 1940, 115 F.2d 548; Schad v. Twentieth Century-Fox Film Corporation, 3 Cir., 136 F.2d 991. The district court in an opinion by Judge Welsh, 51 F.Supp. 99, carefully reviewed the evidence affer’ed on behalf of the plaintiffs and .'reached the conclusion that it was not i-sufficient ,to. establish a claim upon which -relief', co'uld be granted. The court accordingly -grgnted the defendant’s motion for dismissal of the complaint under Civil Procedure Rule 41(b), 28 U.S.C.A. following section 723c. For the reasons satisfactorily and sufficiently set forth in Judge Welsh’s opinion we think that the conclusion of the district court was correct.

¶6The judgment of the district court is affirmed.'

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