Hunter Douglas Corporation v. Lando Products, Inc., Lando Products, Inc. v. Hunter Douglas Corporation

LEMMON, Circuit Judge.

Strong almost to the point of vehemence is the expression “clearly erroneous”. An appellate court should bear this in mind when it applies Rule 52(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A., which provides that “In all actions tried upon the facts without a jury * * * [¶] hidings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses.”

Too often appellate courts give only lip-service to the rule that, “Having seen and heard the witnesses, the…