Perkins v. Kramer

HONORABLE NAT ALLEN, District Judge,

sitting in place of

*366I dissent. As can be seen from the lengthy history of this case in the majority opinion there has been an argument between the majority and the minority of this court about facts and the majority now proposes to perpetuate this argument about facts on into some distant date in the future.

This court has a rule to settle factual disputes and it .has been expressed some 54 times where a judge has decided the facts, see Digest, Appeal and Error, 931. The most recent expression of the rule by all the members of this court is contained in…