McCarthy v. United States

This case comes before the court on defendant’s exceptions to the opinion, findings, and conclusion of law of Trial Judge Hogenson, submitted by him after trial in accordance with Rule 134(h). The exceptions to the fact findings and proposed substitute findings are all overruled as either irrelevant or contrary to the evidence. *363Upon consideration of the briefs and oral argument, the court agrees with the trial judge that the court has jurisdiction and the defense and counterclaim of fraud were not sustained by the evidence. Defendant’s fraud case was that certain evidence offered by plaintiff…