WELLMAN v. WELCH

No. 3334.

99 F.2d 75 (1938)

WELLMAN v. WELCH.

Circuit Court of Appeals, First Circuit.

September 27, 1938.


Attorney(s) appearing for the Case

Ralph E. Tibbetts, of Boston, Mass., for appellant.

Frederic G. Rita, Sp. Asst. to Atty. Gen. (James W. Morris, Asst. Atty. Gen., Sewall Key and Donald J. Marran, Sp. Assts. to Atty. Gen., and Francis J. W. Ford, U. S. Atty., and Arthur L. Murray, Sp. Asst. to U. S. Atty., both of Boston, Mass., on the brief), for appellee.

Before WILSON and MORTON, Circuit Judges, and MAHONEY, District Judge.


WILSON, Circuit Judge.

This is an appeal by the plaintiff from a judgment entered in the District Court of Massachusetts. A jury trial was waived and the case heard before a judge of the District Court on a stipulation of the facts, with an agreement that the judge might draw deductions from the facts so stipulated or receive additional evidence not inconsistent with the stipulated facts.

The facts found by the District Court from the stipulated facts are...

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