BOON ENTERPRISES, INC., APPELLANT,
v.
MARION B. CARSTAIRS, APPELLEE; MARION B. CARSTAIRS, APPELLANT, V. BOON ENTERPRISES, INC., APPELLEE
■PER CURIAM.
The appeal and cross-appeal in this case' involve only questions of fact. The challenged findings of fact by the trial court were based on disputed testimony or circumstances which permitted the court to resolve the issues as it did. Dealing with the principal contention by the appellant, Boon Enterprises, it must be borne in mind that this Court has repeatedly held that a trier of the facts need not accept the opinion testimony of expert witnesses, even though uncontra-dicted. New York Life Insurance Co. v. Johnston, Jr., 5 Cir., 256 F. 2d 115; see also Cullers v. Commissioner of Internal Revenue, 8 Cir., 237 F. 2d 611, and Kemper v. Commissioner of Internal Revenue, 8 Cir., 269 F. 2d 184.
The judgment is
Affirmed.
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Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cullers v. Commissioner OF Internal Revenue, 237 F.2d 611 (8th Cir. 1956)
- Kemper v. Commissioner OF Internal Revenue, 269 F.2d 184 (8th Cir. 1959)
- NEW York Life Ins. Co. v. Johnston, 256 F.2d 115 (5th Cir. 1958)