JAMES T. BENN, APPELLANT,
v.
JULIUS SANKIN, APPELLEE; JAMES T. BENN, APPELLANT, V. JOSEPH A. GARFIELD ET AL., APPELLEES; 5410 CONNECTICUT AVE. CORP., APPELLANT, V. JULIUS SANKIN, APPELLEE; JOSEPH PARDO, APPELLANT, V. JULIUS SANKIN, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed the District Court's judgment and denied the motion for a new trial.
The District Court entered a judgment after a protracted trial, and a subsequent motion for a new trial was filed based on newly discovered evidence.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Newly Discovered Evidence cases and more on FLexlaw
PER CURIAM:
These consolidated appeals are from a judgment of the District Court entered after a protracted trial to the court which culminated in lengthy findings of fact and conclusions of law.1 These are included in a careful and comprehensive opinion by Judge Jones reported at 281 F.Supp. 524 (D.D.C.1968). We are unpersuaded that the findings of fact are erroneous, or that the conclusions drawn from them are incorrect. Our affirmance of the judgment entered requires no elaboration of reasons beyond that set forth in the District Court’s opinion.
Subsequent to the entry of judgment, a motion for a new trial was made on the basis of newly discovered evidence; and it is now urged upon us that the trial court abused its discretion in denying that motion and that a remand should be made for reopening of the record and reconsideration. We do not agree. The evidence proffered with the motion is of dubious significance at best and, in any event, appears to be far from newly discovered. By the usual standards applicable to the exercise of discretion in this area, we see nothing remotely approaching abuse.
Affirmed.
. In No. 21,957, appellee Joseph Garfield urges dismissal of the appeal for lack of jurisdiction alternatively to affirmance on the merits in respect of the subject matter of a cross-complaint filed against him in the District Court proceedings by appellant Benn. In view of the disposition we make of these appeals, we do not pursue this jurisdictional claim.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Nader v. Allegheny Airlines, Inc., 512 F.2d 527 (D.C. Cir. 1975)
-
Irwin v. W. END Dev. Co., 481 F.2d 34 (10th Cir. 1973)
-
Mariner Water Renaturalizer of Wash., Inc. v. Aqua Purification Sys., Inc., 665 F.2d 1066 (D.C. Cir. 1981)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence