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LESTER v. McFADDON

No. 12875.

415 F.2d 1101 (1969)

James L. LESTER, Administrator of the Estate of Flossie Mae Garner Brown, Deceased, Appellee, v. Heyward McFADDON and Cameron Lumber Company, Appellants.

United States Court of Appeals Fourth Circuit.

Decided September 15, 1969.

Attorney(s) appearing for the Case

Lawrence M. Gressette, Jr., St. Matthews, S. C. (Gressette & Gressette, St. Matthews, S. C., on brief), for appellants.

Joseph Rogers, Manning, S. C. (Rogers & Riggs, Manning, S. C., on brief) for appellee.

Before HAYNSWORTH, Chief Judge, and BOREMAN and BUTZNER, Circuit Judges.

HAYNSWORTH, Chief Judge:

The defendant in this wrongful death action questions the District Court's findings of fact and the admission of certain evidence. We think the receipt of the challenged evidence in a case being tried to the Court without a jury was not erroneous and the findings of fact not clearly so within the meaning of Rule 52 of F.R.Civ.P. Sua sponte, however, this court raised a substantial jurisdictional question which merits our attention....

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