Central National Bank of Cleveland v. King

McWILLIAMS, Circuit Judge.

Our disposition of this appeal is governed by Fed.R.Civ.P. 52(a), which provides that findings of fact of a trial court shall not be set aside unless clearly erroneous, and that in determining whether a trial court’s findings are, or are not, clearly, erroneous an appellate court must give due regard to the opportunity of the trial court to judge the credibility of the witnesses. In our view, the trial court’s findings of fact in the instant case are not clearly erroneous, and it is on that basis that we affirm.

Although the overriding issue in this case is a simple…