Legal Opinion
Tipton v. Bearl Sprott Co.
District Court, S.D. California
Decided October 18, 1950No. 6343-YPublishedCited by 3 opinions
1Opinion of the CourtYankwich, District Judge
(after stating the facts as above).
As the case stands now, the facts are not in dispute, and it only remains for the Court to draw conclusions from the admitted facts. I have not had the benefit of any oral testimony. The advantage of the situation is that, if the Court of Appeals is not satisfied with the conclusions I have drawn, they may draw their own.
It is the accepted rule that where a case is presented on stipulated facts, the mandate of Fed.Rules Civ.Proc. Rule 52, 28 U.S.C.A., that “findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the…
2Cases cited18 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Armour & Co. v. WantockSupreme Court of the United States · 1944
- A. B. Kirschbaum Co. v. WallingSupreme Court of the United States · 1942
- McLeod v. ThrelkeldSupreme Court of the United States · 1943
- Overstreet v. North Shore Corp.Supreme Court of the United States · 1943
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3Cited by3 opinions
- Waialua Agr. Co. v. ManejaDistrict Court, D. Hawaii · 1951
- Hawkins v. E. I. Du Pont De Nemours & Co., IncCourt of Appeals for the Fourth Circuit · 1951
- In Re SCCC Associates II Ltd. PartnershipUnited States Bankruptcy Court, N.D. California · 1993