MAYERI v. OLD COLONY INSURANCE COMPANY

No. 125, Docket 25650.

274 F.2d 53 (1960)

Aflaton R. MAYERI and Two Ninety Fifth Avenue, Inc., Plaintiffs-Appellants, v. OLD COLONY INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 21, 1960.


Attorney(s) appearing for the Case

Grant A. Patten, Jr., New York City (Moss, Wels & Marcus, New York City, on the brief), for plaintiffs-appellants.

Benjamin L. Tell, New York City (Solomon M. Cheser and Tell, Cheser, Werner & Breitbart, New York City, on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, and MOORE and FRIENDLY, Circuit Judges.


PER CURIAM.

The controlling question on this appeal by plaintiffs from the trial court's dismissal of their complaint after trial is whether the trial judge was clearly erroneous in his evaluation of the testimony. Rule 52(a), Federal Rules of Civil Procedure, 28 U.S.C.A. We find that the trial judge's findings were not clearly erroneous; on the contrary, there was ample support in the record for his findings. Accordingly, we affirm the judgment.

Plaintiffs...

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