Legal Opinion · Dissent

Epicenter Recognition, Inc. v. Jostens, Inc.

Court of Appeals for the Ninth Circuit

Decided November 20, 2003No. 02-56589Published

1DissentReinhardt, Circuit Judge

I respectfully dissent from my colleagues’ decision to reverse the district court’s through and reasonable decision.

In overturning the district court’s decision, my colleagues have disregarded countless findings of fact — all, of course, made by the decisionmaker best positioned to make sense of a complex morass of often-conflicting evidence. A district court’s findings of fact should not be disturbed unless we have a “definite and firm conviction that a mistake has been committed.” Allen v. Iranon, 283 F.3d 1070, 1076 (9th Cir.2002). Indeed, “[wjhere there are *913two permissible views of the…

2Cases cited5 opinions

  1. Rebel Oil Company, Inc. v. Atlantic Richfield CompanyCourt of Appeals for the Ninth Circuit · 1995
  2. Kildare v. SaenzCourt of Appeals for the Ninth Circuit · 2003
  3. Allen v. IranonCourt of Appeals for the Ninth Circuit · 2002
  4. Cree v. FloresCourt of Appeals for the Ninth Circuit · 1998
  5. Minnesota Mining & Manufacturing Co. v. Appleton Papers Inc.District Court, D. Minnesota · 1999

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