Legal Opinion
Broadcast Music, Inc. v. Havana Madrid Restaurant Corp.
Court of Appeals for the Second Circuit
Decided May 27, 1949No. 249, Docket 21309PublishedCited by 92 opinions
1Opinion of the Court
FRANK, Circuit Judge.
Plaintiffs contend that, as the testimony of the witness Castro was uncontradicted, unimpeached by anything appearing in the record, and not inherently improbable, the trial judge was obliged to accept it as true, and that therefore the judge’s findings are “clearly erroneous.” We cannot agree.
Whether the so-called “uncontradicted testimony” rule has been adopted by the Supreme Court we are not at all sure. Sponsors of that rule point to Chesapeake & Ohio Ry. Co. v. Martin, 283 U.S. 209, 51 S.Ct. 453, 456, 75 L.Ed. 983. But there the Court was at pains to explain that the…
2Cases cited17 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Quercia v. United StatesSupreme Court of the United States · 1933
- Arnstein v. PorterCourt of Appeals for the Second Circuit · 1946
- Chesapeake & Ohio Railway Co. v. MartinSupreme Court of the United States · 1931
- Quock Ting v. United StatesSupreme Court of the United States · 1891
12 more not listed; retrieve them via the Exa API.
3Cited by92 opinions
- Dyer v. MacDougallCourt of Appeals for the Second Circuit · 1952
- Orvis v. HigginsCourt of Appeals for the Second Circuit · 1950
- Colby v. KluneCourt of Appeals for the Second Circuit · 1949
- National Labor Relations Board v. Dinion Coil Co.Court of Appeals for the Second Circuit · 1952
- Government of the Virgin Islands v. Vidal Galdon Aquino, Government of the Virgin Islands v. Ishmael Guillerma ReyesCourt of Appeals for the Third Circuit · 1967
87 more not listed; retrieve them via the Exa API.