UNITED STATES OF AMERICA, APPELLEE,
v.
FRED CLINE AND WIFE, LUZENE CLINE, APPELLANTS
UNITED STATES OF AMERICA, APPELLEE,
FRED CLINE AND WIFE, LUZENE CLINE, APPELLANTS
344 F.2d 954
United States Court of Appeals for the Fourth Circuit (1965)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM:
On remand, United States v. Cline, 307 F. 2d 282 (4 Cir., 1962), the District Judge heard, and has appraised, the historical and expert evidence in exacting detail. He has found that “To the extent, if at all, that the Clines occupy property which would not be flooded by water at the elevation of 1837.41 they are trespassers upon the lands of the United States * * He gives with clarity the evidential support for his conclusions. The decision was purely a factual resolution of complex and conflicting proof and, certainly, it cannot be said to be “clearly erroneous”. We affirm on the basis of the District Judge’s ascertainments and analysis. United States v. Cline, 225 F.Supp. 488 (D.C.N.C., 1964).*
Affirmed.
*
The degree of proof required of the United States to establish its ownership or boundary claim was, of course, no greater than a preponderance of the evidence; the evidence did not have to amount to proof beyond a reasonable doubt, as for a criminal conviction.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Fred Cline and wife, 388 F.2d 294 (4th Cir. 1968)
Authorities Cited
- United States v. Fred Cline and wife Luzene Cline, 307 F.2d 282 (4th Cir. 1962)