TRUEHEART v. EICHELBERGER

No. 5295.

148 F.2d 634 (1944)

TRUEHEART v. EICHELBERGER.

Circuit Court of Appeals, Fourth Circuit.

October 16, 1944.


Attorney(s) appearing for the Case

William Earle White, of Petersburg, Va., and Irvin G. Craig, of Richmond, Va., for appellant.

William Old, of Chester, Va. (J. Thompson Wyatt, of Petersburg, Va., on the brief), for appellee.

Before PARKER, SOPER, and NORTHCOTT, Circuit Judges.


PER CURIAM.

The question involved in this case is a pure question of fact and a careful consideration of the testimony convinces us that the able District Judge, who had the advantage of seeing and hearing all of the witnesses except the appellee, reached the correct conclusion. We would certainly not be justified in setting it aside as clearly erroneous. Rule 52, R.C.P., 28 U.S.C.A. following section 723c.

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