CENTRAL NAT. BANK OF CLEVELAND, OHIO v. KING

No. 76-1682.

573 F.2d 669 (1978)

CENTRAL NATIONAL BANK OF CLEVELAND, OHIO, a National Banking Association, Plaintiff-Appellant. v. Carylyn Becker KING and Lloyd R. Wade, as Trustees for the Sally Ann King Trust # 1, the Carylyn Ann King Trust # 1, the Mark M. King Trust # 1, and the John M. King IV Trust # 1, Carylyn Becker King, as Trustee for the Sally Ann King Trust # 2, the Carylyn Ann King Trust # 2, the Mark M. King Trust # 2, and the John M. King IV Trust # 2, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided March 30, 1978.

Rehearing Denied April 20, 1978.


Attorney(s) appearing for the Case

Russell P. Rowe, Denver, Colo. (DeMuth & Eiberger, Denver, Colo., on the brief), for plaintiff-appellant.

Walter A. Steele, Denver, Colo. (White & Steele, P.C., Denver, Colo., on the brief), for defendants-appellees.

Before McWILLIAMS, BREITENSTEIN and DOYLE, Circuit Judges.


McWILLIAMS, Circuit Judge.

Our disposition of this appeal is governed by Fed.R.Civ.P. 52(a), which provides that findings of fact of a trial court shall not be set aside unless clearly erroneous, and that in determining whether a trial court's findings are, or are not, clearly erroneous an appellate court must give due regard to the opportunity of the trial court to judge the credibility of the witnesses. In our view, the trial court's findings of fact in the instant...

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