Harry H. Smedley v. City of Waldron, Thomas Sawyer, Mayor Waldron, Arkansas

I cannot agree that the district court’s order contains what are essentially findings of fact, and that our review is governed by the clearly erroneous standard contained in Rule 52 Fed.R.Civ.P., recently expanded upon in Anderson v. Bessemer City, — U.S. —, —, 105 S.Ct. 1504, 1511, 84 L.Ed.2d 518 (1985). On remand to the district court for further action, Smedley v. City of Waldron, No. 83-222 (8th Cir. May 14, 1983), the parties were given an opportunity to present further evidence of Hanna Smedley’s intent in entering this agreement. They confessed that, given the intervening period of…