Junius McKensie v. Sea Land Service, Inc., Defendant-Third-Party v. Atlantic & Gulf Stevedores, Inc., and B & G Crane Service, Inc., Third-Party

Third Circuit

Junius McKensie v. Sea Land Service, Inc., Defendant-Third-Party v. Atlantic & Gulf Stevedores, Inc., and B & G Crane Service, Inc., Third-Party

551 F.2d 91, 1977 U.S. App. LEXIS 13689

CourtCourt of Appeals for the Third Circuit

DecidedApril 25, 1977

Docket75-3850

StatusPublished

Cited by12 cases

This text of 551 F.2d 91 (Junius McKensie v. Sea Land Service, Inc., Defendant-Third-Party v. Atlantic & Gulf Stevedores, Inc., and B & G Crane Service, Inc., Third-Party) 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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Junius McKensie v. Sea Land Service, Inc., Defendant-Third-Party v. Atlantic & Gulf Stevedores, Inc., and B & G Crane Service, Inc., Third-Party, 551 F.2d 91, 1977 U.S. App. LEXIS 13689 (3d Cir. 1977).

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Opinion

PER CURIAM:

While this case was tried in the district court entirely on depositions and documents and hence the exhortation of the “clearly erroneous” rule of McAllister v. United States, 348 U.S. 19, 20, 75 S.Ct. 6, 99 L.Ed. 20 (1954) and Fed.R.Civ.P. 52(a) is to some extent ameliorated, Ward v. Wainwright, 450 F.2d 409, 412 (5th Cir. 1971), “[Nevertheless, where the conclusions of the trial judge may reasonably be inferred from the record, such conclusions should not be disturbed on appeal . . . even though conflicting inferences of equal reasonableness may be drawn from a review of the same body of evidence.” Skidmore v. Grueninger, 506 F.2d 716, 724 (5th Cir. 1975). See also Sicula Oceanica, S. A. v. Wilmar Marine Eng’r. & Sales Corp., 413 F.2d 1332, 1333 (5th Cir. 1969).

In this case, after carefully reviewing the entire record and applying the foregoing standard to the findings of the trial judge, we are of the firm opinion that said findings are not clearly erroneous. Accordingly, on the basis of the trial court’s opinion, McKensie v. Sea Land Service, Inc., 430 F.Supp. 6 (E.D.La.1975), the judgment of the district court is AFFIRMED.

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PER CURIAM:

While this case was tried in the district court entirely on depositions and documents and hence the exhortation of the “clearly erroneous” rule of McAllister v. United States, 348 U.S. 19, 20, 75 S.Ct. 6, 99 L.Ed. 20 (1954) and Fed.R.Civ.P. 52(a) is to some extent ameliorated, Ward v. Wainwright, 450 F.2d 409, 412 (5th Cir. 1971), “[Nevertheless, where the conclusions of the trial judge may reasonably be inferred from the record, such conclusions should not be disturbed on appeal . . . even though conflicting inferences of equal reasonableness may be drawn from a review of the same body of evidence.” Skidmore v. Grueninger, 506 F.2d 716, 724 (5th Cir. 1975). See also Sicula Oceanica, S. A. v. Wilmar Marine Eng’r. & Sales Corp., 413 F.2d 1332, 1333 (5th Cir. 1969).

In this case, after carefully reviewing the entire record and applying the foregoing standard to the findings of the trial judge, we are of the firm opinion that said findings are not clearly erroneous. Accordingly, on the basis of the trial court’s opinion, McKensie v. Sea Land Service, Inc., 430 F.Supp. 6 (E.D.La.1975), the judgment of the district court is AFFIRMED.

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551 F.2d 91, 1977 U.S. App. LEXIS 13689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/junius-mckensie-v-sea-land-service-inc-defendant-third-party-v-ca3-1977.

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