National Labor Relations Board v. International Hod Carriers', Building & Common Laborers' Union of America, Local 210, AFL

FRANK, Circuit Judge.

1. The findings of the Special Master are not to be set aside unless clearly erroneous. In N. L. R. B. v. Remington Rand, 2 Cir., 130 F.2d 919, 925, we held that Federal Rule of Civil Procedure, rule 53(e) (2), 28 U.S.C.A.— which provides that a Master’s findings stand unless clearly erroneous — would be applicable, by analogy, to findings of a Master appointed by a court of appeals. See also 5 Moore, Federal Practice (2d ed.) § 53.12. This is especially, true where, as in this case, the evidence consists primarily of oral testimony, and where “demeanor evidence” played…