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FAMOUS KNITWEAR CORPORATION v. DRUG FAIR, INC.

Nos. 73-1260, 73-1261.

493 F.2d 251 (1974)

FAMOUS KNITWEAR CORPORATION, Appellee, v. DRUG FAIR, INC., Appellant. FAMOUS KNITWEAR CORPORATION, Appellant, v. DRUG FAIR, INC., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 14, 1974.

Attorney(s) appearing for the Case

Henry St. J. Fitzgerald, Arlington, Va. (Peter K. Stackhouse and Tolbert, Lewis & Fitzgerald, Ltd., Arlington, Va., on brief), for appellant in No. 73-1260 and for appellee in No. 73-1261.

Nathan Lewin (William H. Jeffress, Jr., Miller, Cassidy, Larroca & Lewin, Washington, D. C., J. Strouse Campbell and Herrell, Campbell & Lawson, Arlington, Va., on brief), for appellee in No. 73-1260 and for appellant in No. 73-1261.

Before HAYNSWORTH, Chief Judge, and CRAVEN and FIELD, Circuit Judges.

CRAVEN, Circuit Judge:

In the course of urging reversal of the judgment below, appellant Drug Fair insists that the district judge's decision is "freely reviewable," i. e., that we need only disagree and need not be convinced that the decision is "clearly erroneous" in order to reverse. More succinctly, Drug Fair insists that the "findings" below are without the protection of Fed.R.Civ.P. 52(a). We disagree and affirm.

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