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

D.C. Cir. | 1969-04-04
Nos. 21956, 21957, 22037, 22038
410 F.2d 1060 United States Court of Appeals for the District of Columbia (1969) Positive Treatment
Cited by 10 cases

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Holding

The court affirmed the District Court's judgment and denied the motion for a new trial.


Facts & Procedural History

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.…

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Opinion of the Court
PER CURIAM:

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.


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