Legal Opinion
Matter of Braten Apparel Corp.
District Court, S.D. New York
Decided February 3, 1983No. 82 Civ. 5712 (GLG)PublishedCited by 20 opinions
1Opinion of the Court
OPINION
GOETTEL, District Judge:
Appellate fact-finding is an atrocity. Whether such review is based upon the parties’ briefs, a law clerk’s bench memorandum, or even a personal reading of the record (which in this ease consists of 2700 pages of trial testimony and 275 documents), it is always inferior to the original consideration of the evidence that has been given by the judge who personally presided over the trial. Despite this inherent shortcoming in appellate fact-finding, the debtor in this bankruptcy action asks this Court to overturn as “clearly erroneous” the factual findings of…
2Cases cited11 opinions
- Slodov v. United StatesSupreme Court of the United States · 1978
- H. L. Moore Drug Exchange, Division Of/and Levitt Industries, Inc. v. Eli Lilly and CompanyCourt of Appeals for the Second Circuit · 1981
- LaVangie v. Mazzola (In Re Mazzola)United States Bankruptcy Court, D. Massachusetts · 1980
- Connolly v. GishwillerCourt of Appeals for the Seventh Circuit · 1947
- In the Matter of Slodov, Debtor. Ike Slodov, Cross-Appellee v. United States of America on Behalf of the Internal Revenue Service, Cross-AppellantCourt of Appeals for the Sixth Circuit · 1977
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- In Re Longardner & Associates, Inc., Debtor. Appeal of Landahl, Brown & Weed Associates, IncCourt of Appeals for the Seventh Circuit · 1988
- Bankers Trust Co. v. RhoadesCourt of Appeals for the Second Circuit · 1984
- ACLI Government Securities, Inc. v. RhoadesDistrict Court, S.D. New York · 1987
- Matter of DepewUnited States Bankruptcy Court, N.D. Indiana · 1990
- Stamford Municipal Employees' Credit Union, Inc. v. Edwards (In Re Edwards)United States Bankruptcy Court, D. Connecticut · 1986
15 more not listed; retrieve them via the Exa API.