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LUPTON v. CHASE NAT. BANK OF CITY OF NEW YORK

Civ. A. 120-47.

89 F.Supp. 393 (1950)

LUPTON v. CHASE NAT. BANK OF CITY OF NEW YORK et al.

United States District Court D. Nebraska, Omaha Division.

March 27, 1950.

Attorney(s) appearing for the Case

Alexander McKie, Jr., Omaha, Neb., for Lundy and others.

Yale C. Holland, Omaha, Neb., for Charles E. Abbott.

William H. Lamme, Fremont, Neb., for Gmo. Fahrholz and Basham, Ringe & Correa.

A. E. Royce, and Edson Smith, Omaha, Neb., for Special Master and all known and unknown stockholders and bondholders and others.

DONOHOE, Chief Judge.

Under Rule 53(e) (2), Rules of Civil Procedure, 28 U.S.C.A., in actions tried without a jury, the trial court must accept the Master's findings of fact, unless clearly erroneous. This rule was accepted by the Supreme Court of the United States in Anderson v. Mount Clemens Pottery Co., 328 U.S. 680, 66 S.Ct. 1187, 1193, 90 L.Ed. 1515. Mr. Justice Murphy, who delivered...

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