McDonnell v. American Leduc Petroleums, Ltd.

HAYS, Circuit Judge (concurring and dissenting):

I agree with the majority’s disposition of the cases of Szabo, Berdon & Co., Sey-mat Associates, and Maber, Inc. However I would affirm as to Berdon, Lehrich, Slavin, Stewart, and Callahan and reverse as to Schinasi, Blau, and Cohen.

Remanding certain of these cases on the ground that the district judge did not state what standard of evidence he applied seems to me to be wholly unjustified. When the record on appeal does not disclose what rule of law the district judge applied, it is presumed that the district judge correctly applied the…