Lewis v. Spencer
Lewis v. Spencer
Opinion of the Court
Following the remand directed by our opinion in the former appeal of this matter, Lewis v. Spencer et al., 5 Cir. 1972, 468 F.2d 553, the district court held an evidentiary hearing and entered its opinion order
The trial court’s hearing fully ventilated these issues and his findings of fact settled them, unless we determine that his findings were “clearly erroneous”. Rule 52(a), F.R.Civ.P.; United States v. National Association of Real Estate Boards, 1950, 339 U.S. 485, 495-496, 70 S.Ct. 711, 94 L.Ed. 1007. The task of demonstrating that the findings of a trial court are “clearly erroneous” is a heavy burden indeed. We are satisfied that the plaintiff-appellant has not met that burden on this appeal. Our view is rather that the trial court’s findings were required by the evidence
Affirmed.
. Reported as Lewis v. Spencer et al., S.D. Texas, 1973, - F.Supp. - decided June 6, 1973.
. Under a Board of Regents policy adopted in March of 1969 requiring that a husband and wife, both teachers, not teach in the same department.
Reference
- Full Case Name
- Emmeline LEWIS, for herself, all teachers employed in the San Jacinto Junior College, Harris County, Texas, etc. v. Thomas M. SPENCER, Individually and in his official capacity as President of the San Jacinto Junior College, Harris County, Texas, etc.
- Cited By
- 4 cases
- Status
- Published