U.S. Court of Appeals for the Third Circuit, 1946

Drexler v. Koza

U.S. Court of Appeals for the Third Circuit · Decided July 1, 1946

156 F.2d 370; 71 U.S.P.Q. (BNA) 1; 1946 U.S. App. LEXIS 3858 (Federal Reporter, Second Series)

Counsel

John D. Meyer, of Pittsburgh, Pa. (Frank Keiper, of Rochester, N. Y., on the brief), for appellants., Ralph G. Lockwood, of Indianapolis, Ind. (Elmer L. Goldsmith and Harold R. Woodard, both of Indianapolis, Ind., and Fulton B. Flick, of Pittsburgh, Pa., on the brief), for appellees.

Cases that cite this one

1 later published case cites this decision.

Drexler v. Koza (District Court, W.D. Pennsylvania 1950)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The points presented in this appeal are, in our opinion, purely questions of fact. The chief one of these is whether one or the other witness, upon whose testimony the outcome of the lawsuit depended, was telling the truth. The appellants say the trial judge should have answered the question contrary to the way he did answer it. The conclusion upon the question of credibility is peculiarly one for the trier of the fact. Upon this and the other issues of fact there is ample testimony to support the conclusion of the District Judge and we cannot say that his conclusion was clearly erroneous.

The judgment is affirmed.

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