U.S. Court of Appeals for the Second Circuit, 1949

Saccavino v. Churchward & Co.

Saccavino v. Churchward & Co.
U.S. Court of Appeals for the Second Circuit · Decided October 19, 1949 · Clark, Hand, Swan
177 F.2d 197; 25 L.R.R.M. (BNA) 2028; 1949 U.S. App. LEXIS 3608 (Federal Reporter, Second Series)

Saccavino v. Churchward & Co.

Opinion of the Court

PER CURIAM.

This case was tried to a judge who heard all the witnesses. The issue depends altogether on whom he believed, and there was no inherent reason why he should refuse the testimony of the defendant’s witnesses and accept that of the plaintiff and his single witness. We should have not the least warrant for holding that the findings were “clearly erroneous.”

Judgment affirmed.

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