Western Distributing Company v. United States

HILL, Circuit Judge.

Appellant, Western Distributing Company (Western), instituted this action in the court below against the United States to recover damages under the Federal Tort Claims Act. 1 The United States answered and counterclaimed. Upon trial to the court, recovery was denied upon both the complaint and the counterclaim. Western then appealed from that part of the judgment denying it recovery upon its complaint.

In substance, appellant urges two points for reversal, (1) the inadequacy of the trial court’s findings of fact, and (2) the insufficiency of the evidence to support the…