In re Gogate

Third Circuit

In re Gogate

126 F.2d 1020, 1942 U.S. App. LEXIS 4302

CourtCourt of Appeals for the Third Circuit

DecidedMarch 16, 1942

DocketNo. 7836

StatusPublished

This text of 126 F.2d 1020 (In re Gogate) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third 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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In re Gogate, 126 F.2d 1020, 1942 U.S. App. LEXIS 4302 (3d Cir. 1942).

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Opinion

PER CURIAM.

The question raised by the appeal at bar is really one of fact. See United States v. Bhagat Singh Thind, 261 U.S. 204, 214, 215, 43 S.Ct. 338, 67 L.Ed. 616. The trial court found as a fact that Gogate is a white person within the meaning of Section 303 of the Nationality Act of 1940, 8 U.S.C.A. § 703. An examination of the transcript filed in this court by the appellant shows that some of the pertinent exhibits introduced in evidence by the appel-lee are not before this court. It follows, therefore, that we cannot review the findings of fact of the learned trial judge or determine them to be “clearly erroneous”. See Rule 52(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, made applicable to actions of this kind by Rule 81(a) (2) thereof.

Accordingly the order of the court below is affirmed.

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PER CURIAM.

The question raised by the appeal at bar is really one of fact. See United States v. Bhagat Singh Thind, 261 U.S. 204, 214, 215, 43 S.Ct. 338, 67 L.Ed. 616. The trial court found as a fact that Gogate is a white person within the meaning of Section 303 of the Nationality Act of 1940, 8 U.S.C.A. § 703. An examination of the transcript filed in this court by the appellant shows that some of the pertinent exhibits introduced in evidence by the appel-lee are not before this court. It follows, therefore, that we cannot review the findings of fact of the learned trial judge or determine them to be “clearly erroneous”. See Rule 52(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, made applicable to actions of this kind by Rule 81(a) (2) thereof.

Accordingly the order of the court below is affirmed.

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126 F.2d 1020, 1942 U.S. App. LEXIS 4302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gogate-ca3-1942.

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