Allstate Insurance v. Cope

Fifth Circuit

Allstate Insurance v. Cope

469 F.2d 693

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 15, 1972

DocketNo. 73-2316

StatusPublished

This text of 469 F.2d 693 (Allstate Insurance v. Cope) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Allstate Insurance v. Cope, 469 F.2d 693 (5th Cir. 1972).

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Opinion

PER CURIAM:

We have carefully reviewed the evidence in this case and, while we recognize it is the duty of this Court of Appeals to correct clear error, even in findings of fact, the choice by the trier of the facts here was between two permissible views of the weight of the evidence and is not clearly erroneous within the meaning of Rule 52 of the Federal Rules of Civil Procedure. United States v. Yellow Cab Co., 1949, 338 U.S. 338, 341, 70 S.Ct. 177, 94 L.Ed. 150; General Accident Fire and Life Assur. Corp. v. Hardin (5 Cir. 1961) 290 F.2d 862.

Affirmed.

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PER CURIAM:

We have carefully reviewed the evidence in this case and, while we recognize it is the duty of this Court of Appeals to correct clear error, even in findings of fact, the choice by the trier of the facts here was between two permissible views of the weight of the evidence and is not clearly erroneous within the meaning of Rule 52 of the Federal Rules of Civil Procedure. United States v. Yellow Cab Co., 1949, 338 U.S. 338, 341, 70 S.Ct. 177, 94 L.Ed. 150; General Accident Fire and Life Assur. Corp. v. Hardin (5 Cir. 1961) 290 F.2d 862.

Affirmed.

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469 F.2d 693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allstate-insurance-v-cope-ca5-1972.

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