Levin v. Garfinkle
Opinion of the Court
OPINION OF THE COURT
Before the court is a series of appeals brought by Bennett Levin, Howard N. Garfinkle, Asher Fensterheim, and Edward Breger from a judgment of liability in an action brought by Levin to recover for fraud, misrepresentation, and breach of fiduciary and contractual duties. The Honorable Alfred L. Luongo, the trial judge, directed the entry of a final judgment under Fed.R.Civ.P. 54(b). The issue of liability was tried to the court, non jury, over a two week period. The transcribed testimony now fills over 2,000 pages of transcript; the parties submitted some 400 exhibits. On June 11,1980, Judge Luongo filed a 90 page opinion, finding for Levin on certain claims and against defendants Garfinkle, Breger, and Fensterheim in certain specific amounts. He also found in favor of K.B. Weissman on his counterclaim against Levin. Levin v. Garfinkle, 492 F.Supp. 781
To the extent that the various appellants have challenged the findings of fact, we are persuaded that the findings are not clearly erroneous. Krasnov v. Dinan, 465 F.2d 1298, 1302-03 (3d Cir. 1972). To the extent appellants contest the trial court’s choice, interpretation, or application of legal precepts, we conclude that the court did not err. We adopt the detailed reasoning set forth by Judge Luongo in Levin v. Garfinkle, No. 77-3211 (October 16, 1980), reprinted in app. at 70; 499 F.Supp. 1344; and 492 F.Supp. 781 (E.D.Pa. 1980).
The judgment of the district court will be affirmed in all respects.
Reference
- Full Case Name
- LEVIN, Bennett, No. 80-2816 v. Howard N. GARFINKLE, No. 80-2817, Barbara Garfinkle, Asher Fensterheim, No. 80-2818, Cyrus West, K. B. Weissman, Edward Breger, No. 80-2819, Norman Septimus, Jack Deutschmann, Huckelberry Farm, Inc., Country Realty, Inc., Haw Corporation, a South Dakota Corporation, Tafu Corporation, a South Dakota Corporation, and Czar Realty Corp., a South Dakota Corporation LEVIN, Bennett, Nos. 81-1134, 81-1135 v. Barbara GARFINKLE, Administratrix of the Estate of Howard N. Garfinkle, Barbara Garfinkle, No. 81-1137, Asher Fensterheim, No. 81-1138, Cyrus West, K. B. Weissman, Edward Breger, No. 81-1139, Norman Septimus, Jack Deutschmann, Huckelberry Farm, Inc., Country Realty, Inc., Haw Corporation, a South Dakota Corporation, Tafu Corporation, a South Dakota Corporation, and Czar Realty Corp., a South Dakota Corporation. Appeal of Asher FENSTERHEIM in Nos. 80-2818, 81-1138. Appeal of Edward BREGER in Nos. 80-2819, 81-1139
- Cited By
- 2 cases
- Status
- Published