Malmskold

This is an appeal from orders of the District Court (1) denying defendant’s challenge to the sufficiency of appellee’s evidence and appellee’s motion for involuntary nonsuit and a directed verdict in its favor *at the close of appellee’s evidence, and (2) denying appellant’s similar motions made at the close of all the evidence in the case, and (3) denying appellant’s motion to set aside the verdict of the jury and for judgment of dismissal with prejudice, and (4) from the order of the District Court granting a new trial upon all issues.

When the case came on for oral argument before this court on September 10, 1940, the court, upon its own motion, questioned its jurisdiction to consider the case upon the ground that the orders appealed from might not be appealable within the purview of 28 U.S.C.A. § 225 (a). Thereupon permission was granted the parties to file memorandum briefs respecting this court’s jurisdiction. These briefs were duly filed.

If jurisdiction is present it is given by Sec. 128 (a) of the Judicial Code, as amended. That subsection is as follows:

28 U.S.C.A. § 225 . “Appellate Jurisdiction.

“(a) Review of final decisions. The circuit court of appeals shall…