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DANIEL v. FIRST NATIONAL BANK OF BIRMINGHAM

No. 15583.

228 F.2d 803 (1956)

W. E. DANIEL and E. A. DILLARD, Appellants, v. The FIRST NATIONAL BANK OF BIRMINGHAM, Appellee.

United States Court of Appeals Fifth Circuit.

January 17, 1956.

Attorney(s) appearing for the Case

Clifford J. Durr, W. Ervin James, Montgomery, Ala., for appellants.

Lucien D. Gardner, Jr., Birmingham, Ala., for appellee.

Before RIVES, JONES and BROWN, Circuit Judges.

RIVES, Circuit Judge.

At appellee's request, we make clear that it was the district court's findings of ultimate fact1 which we thought subject to review under the authorities collected in Galena Oaks Corp. v. Scofield, 5 Cir., 218 F.2d 217, 219, free from the restraint of the "clearly erroneous" rule. Appellee argues with much force that those findings resulted...

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