In what circumstances will a judge grant a motion to dismiss a motion for wrongful dismissal?

In view of the nature of appellants' alleged claims of error in this regard and the earnestness with which they press them, we have scrupulously examined the entire trial transcript of approximately 1800 pages covering this eleven-day trial. Daley v. United States, 231 F.2d 123, 128 (1 Cir.), cert. denied, 351 U.S. 964 (1956). Based on our examination of the record from cover to cover, we have reached the following conclusions:

[473 F.2d 308]

In short, we hold that the conduct of the trial judge did not deprive them of a fair trial, for we can say with fair assurance, "after pondering all that happened without stripping the erroneous action from the whole, that the judgment was not substantially swayed by the error . . . ." Kotteakos v. United States, 328 U.S. 750, 765 (1946). Cf. United States v. Ellis, 461 F.2d 962, 970 (2 Cir. 1972).