District Court, E.D. North Carolina March 15, 1950, Civ. No. 409 (Sutton v. Texas Co.)

GILLIAM, District Judge.

This case was heard without a jury in the Raleigh Division on March 15, 1950, and at the close of plaintiff’s case a motion to dismiss under Federal Rules of Civil Procedure, Rule 41(b), 28 U.S.C.A., was sustained.