F. A. R. Liquidating Corp. v. Brownell

LEAHY, Chief Judge.

The ultimate issue in this case is a fact issue. The conceded point is whether plaintiff has met the requirement of burden of proof. Defendant’s case is plaintiff has failed to meet such burden, and cannot ask the court to substitute assumptions or inferences from subsidiary facts, absent any master facts to support plaintiff’s claim. At trial defendant objected to the admissibility in evidence of certain documents offered by plaintiff. In order not to cut the continuity of the decision here, I shall discuss the evidence points in an Appendix to follow this memorandum.

F. A.…