The federal government brought an action to restrain the United States Gypsum Company and thirteen other corporate and individual defendants from alleged violations of the Sherman Anti-Trust Act. Most of the government's evidence came from defendant's officers, employees, and documents with the result that evidence favorable to both the plaintiff and defendants was presented. The government's case required over five months to present and 10,000 pages to record. The defendants then moved to dismiss the complaint with prejudice under Rule 41 (b). In the hearing on this motion, the government contended that the sole question presented was one of law, namely, whether the evidence made out a prima facie case. The defendants asserted that under Rule 41 (b) the trial judge must weigh the evidence, draw inferences therefrom and, if the facts were found insufficient to support the plaintiff's complaint, render a decision for the defendants on the merits and make findings of fact and law. Held, the defendant's position was correct. The court then proceeded to dismiss the government's action with prejudice. United States v. United States Gypsum Company, (D.C.D.C. 1946) 67 F. Supp. 397.
Merrill N. Johnson,
FEDERAL COURTS-FEDERAL RULES OF CIVIL PROCEDURE-DUTY OF COURT IN NON-JURY ACTION ON MOTION TO DISMISS UNDER RULE 41 (b),
Mich. L. Rev.
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