RUSSO v. UNITED STATES

No. 162, Docket 23656.

228 F.2d 317 (1955)

Guiseppe RUSSO, Appellee, v. UNITED STATES of America, Appellant, and Universal Terminal & Stevedoring Co., Appellee.

United States Court of Appeals Second Circuit.

Decided December 13, 1955.


Attorney(s) appearing for the Case

Arthur M. Boal, New York City, for appellant, United States.

Bernard Meyerson, New York City, for libellant-appellee.

Patrick E. Gibbons, New York City, for Universal Terminal & Stevedoring Co.

Before HAND, FRANK and MEDINA, Circuit Judges.


PER CURIAM.

This appeal raises only questions of fact; but, being in the admiralty, the findings are open to the same review as in the case of findings by a judge in a suit in equity, or in an action at law not tried to a jury. Although it is not clear to us why the judge should have so entirely discredited the testimony of Burns, we regard ourselves as bound to follow his opinion pro tanto, and we will therefore decide the appeal as though this witness had...

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