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FEDERAL LIFE INS. CO. v. RASCOE

No. 4455.

12 F.2d 693 (1926)

FEDERAL LIFE INS. CO. v. RASCOE.

Circuit Court of Appeals, Sixth Circuit.

Rehearing Denied June 19, 1926.

Attorney(s) appearing for the Case

Thos. J. Tyne, of Nashville, Tenn. (J. M. Peebles and Thos. J. Tyne, Jr., both of Nashville, Tenn., C. A. Atkinson, of Chicago, Ill., and Jas. C. Jones, of St. Louis, Mo., on the brief), for plaintiff in error.

W. H. Washington and Edwin A. Price, both of Nashville, Tenn. (Thos. W. Schlater, Jr., of Nashville, Tenn., on the brief), for defendant in error.

Before DENISON, DONAHUE, and MOORMAN, Circuit Judges.

DONAHUE, Circuit Judge (after stating the facts as above).

Neither the opinion of the court nor the motion for new trial can be accepted as a separate finding of facts. Law v. U. S., 266 U.S. 494, 496, 45 S.Ct. 175, 69 L. Ed. 401; U. S. v. Gordin and U. S. v. Gordin, Adm'r, 9 F.2d 394, decided by this court December 1, 1925.

Without such separate findings of facts, neither the evidence nor the...

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