SCHERER v. COSGROVE

No. 73-1191.

511 F.2d 707 (1975)

Helmuth SCHERER, Appellee, v. John A. COSGROVE, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 19, 1975.


Attorney(s) appearing for the Case

Walter L. Penn, III, Asst. Atty. Gen. of Va., and T. J. Markow, Richmond, Va. (Andrew P. Miller, Atty. Gen. of Va., and Shaia, Stout & Markow, Richmond, Va., on brief), for appellant.

Helmuth Scherer, pro se.

Before CRAVEN, BUTZNER and WIDENER, Circuit Judges.


CRAVEN, Circuit Judge.

On October 31, 1973, we vacated the judgment of the district court and remanded this case for findings of fact and conclusions of law as required by Rule 52(a) of the Federal Rules of Civil Procedure. On January 3, 1974, the district court entered an order containing its findings and conclusions, and reaffirmed its prior judgment. Cosgrove, by his counsel, the Attorney General of Virginia, again appeals, and we reverse.

It is undisputed...

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