In re Colorado & S. R. Co.

(concurring specially) .

I agree with my colleagues in the result reached in this case, but cannot concur in certain statements of legal principles contained in.the findings filed.

My first objection is that the findings are altogether too long and voluminous and, as Judge Sanborn states in Brown Paper Mill Co. v. Irvin, 8 Cir., 134 F.2d 337, at page 338:

“Findings of fact should be ‘a clear and concise statement of the ultimate facts, and not a statement, report, or recapitulation of evidence from which such facts may be found or inferred.’ ”

Further, they should-be concisely stated,…