Theodore R. Carns and Bessie v. Carns v. United States

Third Circuit

Theodore R. Carns and Bessie v. Carns v. United States

194 F.2d 532, 1952 U.S. App. LEXIS 2798

Court of Appeals for the Third Circuit·Decided February 28, 1952·No. 10584_1·Published

Opinion

PER CURIAM.

This appeal attacks as “clearly erroneous” within the meaning of Rule 52(a), Federal Rules of Civil Procedure, several findings of fact made by the District Court relating to particular elements of damage in an action brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680. The case was tried by the Court below without a jury.

Our review of the record discloses that the challenged findings are correct in fact and in law under applicable decisions of the Pennsylvania Supreme 'Court, and that the defendant’s contentions to the contrary are utterly without merit.

For the reasons stated the judgment of the District Court will be affirmed.

I

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PER CURIAM.

This appeal attacks as “clearly erroneous” within the meaning of Rule 52(a), Federal Rules of Civil Procedure, several findings of fact made by the District Court relating to particular elements of damage in an action brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680. The case was tried by the Court below without a jury.

Our review of the record discloses that the challenged findings are correct in fact and in law under applicable decisions of the Pennsylvania Supreme 'Court, and that the defendant’s contentions to the contrary are utterly without merit.

For the reasons stated the judgment of the District Court will be affirmed.

I

Theodore R. Carns and Bessie v. Carns v. United States, 194 F.2d 532, 1952 U.S. App. LEXIS 2798 (3d Cir. 1952).

Pincite

194 F.2d 532 (Theodore R. Carns and Bessie v. Carns v. United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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