Walling v. Rutherford Food Corporation

Rule 52 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, provides that “Findings of fact shall not be set aside unless clearly erroneous, * * * ” On appeal, a finding of fact made by the trial court, if supported by substantial evidence, is binding on this court.1

The credibility of witnesses, the weight to he given to their evidence,2 and the inferences which may be reasonably drawn from the evidence are matters within the province of the trial court.3

Here, the trial court found that in 1942 the United States government began purchasing large quantities of beef…