Goodman v. United States

Ninth Circuit

Goodman v. United States

398 F.2d 879

CourtCourt of Appeals for the Ninth Circuit

DecidedJune 28, 1968

DocketNos. 21982, 21982-A

StatusPublished

Cited by3 cases

This text of 398 F.2d 879 (Goodman v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth 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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Goodman v. United States, 398 F.2d 879 (9th Cir. 1968).

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Opinion

PER CURIAM:

We agree that the complaint was inadequate and that the court’s findings were less complete than they should have been. It is also true that the evidence was far from one sided, particularly with regard to the claim of appellee Rineer. However, it does not appear that appellants were surprised or otherwise prejudiced by any deficiency in the pleadings; we are satisfied that the findings, including those necessarily implied, are sufficient to support the judgments; and we cannot say that these findings are clearly erroneous. Errors or defects in the proceedings which did not affect the substantial rights of the parties must be disregarded. Rule 61, Federal Rules of Civil Procedure.

The judgments are therefore affirmed.

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PER CURIAM:

We agree that the complaint was inadequate and that the court’s findings were less complete than they should have been. It is also true that the evidence was far from one sided, particularly with regard to the claim of appellee Rineer. However, it does not appear that appellants were surprised or otherwise prejudiced by any deficiency in the pleadings; we are satisfied that the findings, including those necessarily implied, are sufficient to support the judgments; and we cannot say that these findings are clearly erroneous. Errors or defects in the proceedings which did not affect the substantial rights of the parties must be disregarded. Rule 61, Federal Rules of Civil Procedure.

The judgments are therefore affirmed.

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398 F.2d 879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodman-v-united-states-ca9-1968.

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