Panama Transport Co. v. The Maravi

FRANK, Circuit Judge.

With the exception of one witness (Stanley, a consulting engineer and marine surveyor, who testified as an expert as to hydraulic telemotor systems and their breakdowns), the testimony was all by deposition. Accordingly, we are, with respect to most of the facts, in as good a position to determine what happened as was the trial judge, and therefore the usual “unless clearly erroneous” test does not apply to the judge’s findings. Nevertheless, they are, of course, entitled to great respect. Having carefully considered them, we accept them. His version of what occurred is…