Luther W. White, Iii, Administrator C.T.A. Of the Estate of Donald E. Meeks v. United States

Fourth Circuit

Luther W. White, Iii, Administrator C.T.A. Of the Estate of Donald E. Meeks v. United States

359 F.2d 989, 1966 U.S. App. LEXIS 6506

Court of Appeals for the Fourth Circuit·Decided April 13, 1966·No. 10310·Published·Cited by 13 cases

Opinion

PER CURIAM:

This case was here once before after the entry of summary judgment for the defendant. White v. United States, 4 Cir., 317 F.2d 13. We vacated the summary judgment and remanded the case for trial on the issue of negligence. Thereafter, a full plenary hearing was had and evidence, including the testimony of expert witnesses, was introduced by both parties. Thereafter, the District Court made findings of fact and conclusions of law, and, upon their basis, it again entered judgment for the defendant.

We accept the District Court’s findings of fact as not being clearly erroneous, and, on the basis those findings provide, its ultimate conclusion that there was no negligence in the care and treatment of Meeks.

While the issue would be highly debatable if before us de novo, we find no reversible error in the record.

Affirmed.

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PER CURIAM:

This case was here once before after the entry of summary judgment for the defendant. White v. United States, 4 Cir., 317 F.2d 13. We vacated the summary judgment and remanded the case for trial on the issue of negligence. Thereafter, a full plenary hearing was had and evidence, including the testimony of expert witnesses, was introduced by both parties. Thereafter, the District Court made findings of fact and conclusions of law, and, upon their basis, it again entered judgment for the defendant.

We accept the District Court’s findings of fact as not being clearly erroneous, and, on the basis those findings provide, its ultimate conclusion that there was no negligence in the care and treatment of Meeks.

While the issue would be highly debatable if before us de novo, we find no reversible error in the record.

Affirmed.

Luther W. White, Iii, Administrator C.T.A. Of the Estate of Donald E. Meeks v. United States, 359 F.2d 989, 1966 U.S. App. LEXIS 6506 (4th Cir. 1966).

Pincite

359 F.2d 989 (Luther W. White, Iii, Administrator C.T.A. Of the Estate of Donald E. Meeks v. United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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