HUNTER DOUGLAS CORPORATION v. LANDO PRODUCTS

No. 13372.

235 F.2d 631 (1956)

HUNTER DOUGLAS CORPORATION, Appellant, v. LANDO PRODUCTS, Inc., Appellee. LANDO PRODUCTS, Inc., Appellant, v. HUNTER DOUGLAS CORPORATION, Appellee.

United States Court of Appeals Ninth Circuit.

June 14, 1956.


Attorney(s) appearing for the Case

Flehr & Swain, John F. Swain, San Francisco, Cal., for appellant.

Donovan O. Peters, Charles F. Hutchins, Jr., San Francisco, Cal., Pennie Edmonds, Morton, Barrows & Taylor, Merton S. Neill, Daniel V. Mahoney, New York City, for appellee.

Before BONE, ORR and LEMMON, Circuit Judges.


LEMMON, Circuit Judge.

Strong almost to the point of vehemence is the expression "clearly erroneous". An appellate court should bear this in mind when it applies Rule 52(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A., which provides that "In all actions tried upon the facts without a jury * * * [f]indings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility...

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