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Reich v. Vegex Inc.

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


June 21, 1943

REICH ET AL.
v.
VEGEX, INC.

Appeal from the District Court of the United States for the Eastern District of Pennsylvania; George A. Welsh, Judge.

Before MARIS, JONES, and GOODRICH, Circuit Judges.

Per Curiam.

The sole question arising upon this appeal is whether the plaintiffs made out a prima facie case 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 offered on behalf of the plaintiffs and reached the conclusion that it was not sufficient to establish a claim upon which relief could be granted. The court accordingly granted 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.

The judgment of the district court is affirmed.

19430621

© 1998 VersusLaw Inc.



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