Hennessy v. Schmidt

FINDINGS OF FACT AND CONCLUSIONS OF LAW

BAUER, District Judge.

FINDINGS OF FACT

These findings of fact result from a careful consideration of the testimony given by the respective witnesses at trial, exhibits submitted by the parties *1074and other competent evidence submitted by the parties. These findings are predicated upon the Court’s observation of the witnesses, its consideration of their demeanor and ability, its appraisal of other competent evidence submitted by the parties and its examination of the relevant pleadings and memoranda submitted.

A. The Parties and Jurisdiction

1. The plaintiff,…