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GILBERT v. SCRATCH `N SMELL, INC.

No. 84-1455.

756 F.2d 320 (1985)

R.A. GILBERT, Trustee, Appellee, v. SCRATCH `N SMELL, INC., Appellant. In re The WASHINGTON GROUP, INC., Washington Mills Company, Washington Yarn Corporation, (formerly Johnston Mills Co.), Johnston Mill Company, Johnston Mills Export Company, Ltd., Spinners Processing Company, Washington Weaving Company and Washington Mills Sales Corporation, Debtors.

United States Court of Appeals, Fourth Circuit.

Decided March 4, 1985.

Attorney(s) appearing for the Case

Daniel R. Wotman, New York City (Finley, Kumble, Wagner, Heine, Underberg, Manley & Casey, New York City, Horton, Hendrick & Kummer, Winston-Salem, N.C., on brief), for appellant.

Norwood Robinson, Winston-Salem, N.C. (Jeffrey C. Howard, Petree, Stockton, Robinson, Vaughn, Glaze & Maready, Winston-Salem, N.C., on brief), for appellee.

Before WINTER, Chief Judge, MURNAGHAN, Circuit Judge, and DUPREE, Senior United States District Judge for the Eastern District of North Carolina, sitting by designation.

MURNAGHAN, Circuit Judge.

It is not just a truism, more honored in the breach than in the observance, that the trial court, not the appellate court, is where disputes of fact are resolved. The losing party understandably considers the decision wrong, but, if he takes an appeal, to succeed he must be prepared to demonstrate that a prejudicial error of law has occurred. The belief that the factual issues were wrongly decided, even very wrongly decided, may often...

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