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KRESTE v. UNITED STATES

No. 64, Docket No. 20331.

158 F.2d 575 (1946)

KRESTE v. UNITED STATES

Circuit Court of Appeal, Second Circuit.

December 10, 1946.

Attorney(s) appearing for the Case

Sylvia Miller, of New York City (Chester A. Hahn, of New York City, of counsel), for libellant-appellee.

John F. X. McGohey, of New York City (Tompkins, Boal & Tompkins, and Arthur M. Boal, all of New York City, of counsel), for respondent-appellant.

Before SWAN, CLARK and FRANK, Circuit Judges.

FRANK, Circuit Judge.

1. The judge's opinion and findings state facts which justify his legal conclusion as to appellant's negligence. The evidence amply supports the judge on that issue of fact. It should be obvious by now that we will not consider appellant's contentions which relate to the credibility of witnesses who testified in open court.1 The judge correctly computed the wages lost by appellee and the medical expenses. We see no...

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