FEDERAL COURTS-MOTION FOR JUDGMENT UNDER RULE 50(B)POWER OF CIRCUIT COURT OF APPEALS TO DIRECT ENTRY OF JUDGMENT CONTRARY TO VERDICT DIRECTED BY THE TRIAL COURT

In an action for breach of warranty, defendants' motion for a directed verdict was denied and verdict was directed for plaintiff. Defendants' motion for a new trial was denied, and no motion was made for judgment in accordance with their previous motion for directed verdict. The circuit court of appeals reversed and remanded, with directions to enter judgment for defendants. On certiorari, held, reversed.

Since defendants had not made timely motion for judgment under Rule 50 (b), the circuit court had no power to direct entry of judgment in their favor. Globe Liquor Co. v. San Roman, (U.S. 1948) 68 S.Ct. 246.