U.S. Court of Appeals for the Third Circuit, 1952

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

Theodore R. Carns and Bessie v. Carns v. United States
U.S. Court of Appeals for the Third Circuit · Decided February 28, 1952 · Hastie, Kalqdner, Modarelli, Per Curiam
194 F.2d 532; 1952 U.S. App. LEXIS 2798 (Federal Reporter, Second Series)

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

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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