Columbus-America Discovery Group v. Atlantic Mutual Insurance

I respectfully dissent.

Erasmus is a tough act to follow.

But even tougher is the Supreme Court of the United States.1

In Bessemer City, of course, the Court emphasized that the findings of fact of a district court, especially when the judge has heard the witnesses ore tenus in open court, shall not be set aside unless clearly erroneous, with due regard being given to the opportunity of the trial court to judge the credibility of the witnesses. In that decision, the Court reminded us of several principles that should be repeated here: “a reviewing court [must not] reverse the *471finding of the…